VISX, Inc. v. Summit Technology Inc.
T-1875-95
Jerome A.C.J.
18/3/97
3 pp.
Appeal from Associate Senior Prothonotary's order granting defendant Summit Technology Inc. (Summit) leave to join Summit Ireland B.V. as plaintiff by counterclaim ([1996] 3 F.C. D-56 (T.D.))-Plaintiff alleging infringement of its patents with respect to patent owned jointly by defendant Summit and Summit Ireland B.V.-Summit serving statement of defence and counterclaim including Summit Ireland B.V. as plaintiff by counterclaim-Federal Court Registry refusing to accept statement of defence and counterclaim for filing as added new plaintiff by counterclaim-In granting order under appeal, Associate Senior Prothonotary holding neither Federal Court, Ontario, English Rules applicable nor decided cases in which plaintiff by counterclaim added-Holding illogical if defendant could have forced co-owner into action as defendant, co-owner should not be permitted to voluntarily join action-Appeal allowed-Counterclaims governed by Federal Court Rules, RR. 1717 to 1722-Only defendant in action entitled to bring counterclaim-Since Summit Ireland B.V. not defendant in main action, cannot be plaintiff in counterclaim-Federal Court Rules, C.R.C., c. 663, RR. 1717, 1718, 1719, 1720, 1721, 1722.