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Verrerie Cristallerie D'Arques J.G. Durand & Cie v. Modern Housewares Imports Inc.

T-1393-91

Noël J.

10/11/93

5 pp.

Motion by defendant for order under R. 480 segregating trial of issues relating to damages and accounting profits-Statement of claim alleging infringement by defendant of plaintiff's rights in "Motif Magnolia" glassware design -- All issues involved in action to be heard and disposed of at once in single trial -- R. 480 applicable only where issues underlying claim capable of segregation -- Saving of time and costs resulting from segregation in context of first adjudication outweighing risk of having to proceed with second trial should alleged infringement be established -- Application granted -- Federal Court Rules, C.R.C., c. 663, R. 480.

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