PRACTICE |
Case Management |
A. Lassonde Inc. v. Sun Pac Foods Ltd.
T-393-98
2002 FCT 47, Morneau P.
16/1/02
9 p.
In trade-marks case, motion by defendant to strike out amendments to statement of claim; motion by plaintiff for leave to file amended statement of claim should defendant's motion be allowed--Four years after filing of statement of claim, series of interlocutory motions filed--Exercise of discretion in case management to get case moving ahead--Motions considered with this in mind--Motion to strike out allowed in part; motion to amend dismissed-- Court's decision of February 22, 2000 did not authorize plaintiff to make any amendment other than one allowed, i.e. the election in favour of accounting of profits--Therefore ordered that amended statement of claim filed by plaintiff on February 28, 2000 shall be struck out; for purposes of this case, statement of claim one that existed as of February 22, 2000, but for purposes of paragraph 19 of said statement of claim, plaintiff deemed to have opted for accounting of defendant's profits; and parties' written pleadings definitively closed--In regard to plaintiff's motion to amend, this motion dismissed since imperative and of primary importance that written pleadings be considered as closed from now on--Irreparable damage would be done in terms of costs to both defendant administration of justice if plaintiff's motion to amend allowed--Court sets costs at $3,000 payable forthwith to defendant, given that plaintiff at origin of both of these motions, result of which to further delay progress of case--Court takes other steps to move case forward.