Date: 19971104
Docket: A-275-97
CORAM:
STONE, J.A.
LINDEN, J.A.
GRAY, D.J.
BETWEEN:
M.T. BEAUTY CO. LTD. and MICHAEL MOSLER
Appellants
-and-
PAULA LISHMAN LIMITED and PAULA LISHMAN
Respondents
Heard at Toronto, Ontario, Monday November 3, 1997
Judgment delivered from the Bench at Toronto, Ontario, Monday November 3, 1997
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
Date: 19971104
Docket: A-275-97
CORAM:
STONE, J.A.
LINDEN, J.A.
GRAY, D.J.
BETWEEN:
M.T. BEAUTY CO. LTD. and MICHAEL MOSLER
Appellants
-and-
PAULA LISHMAN LIMITED and PAULA LISHMAN
Respondents
Heard at Toronto, Ontario, Monday, November 3, 1997
Judgment delivered from the Bench at Toronto, Ontario, Monday, November 3, 1997
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
Date: 19971104
Docket: A-275-97
CORAM: STONE, J.A.
LINDEN, J.A.
GRAY, D.J.
BETWEEN:
M.T. BEAUTY CO. LTD. and MICHAEL MOSLER
Appellants
-and-
PAULA LISHMAN LIMITED and PAULA LISHMAN
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Monday, November 3, 1997)
STONE, J.A.:
[1] This is an appeal from an order of the Trial Division upholding a decision of the Prothonotary refusing to strike paragraph 33(a) of the Statement of Claim or to order particulars of paragraphs 20 and 21 thereof.
[2] In our view the Motions Judge exercised a discretion in dismissing the appeal from the Prothonotary, and we are satisfied that in doing so he did not act on a wrong principle or otherwise err in law. Accordingly the order below should not be disturbed, and the appeal should be dismissed with costs in any event of the cause.
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-275-97
| STYLE OF CAUSE: M.T. BEAUTY CO. LTD. and |
MICHAEL MOSLER
- and -
| PAULA LISHMAN LIMITED and |
PAULA LISHMAN
DATE OF HEARING: NOVEMBER 3, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: STONE, J.A.
Delivered from the Bench at Toronto, Ontario
on Monday, November 3, 1997
APPEARANCES: Mr. Matthew R. Snell
For the Appellants
Mr. Peter F. Kappel
For the Respondents
SOLICITORS OF RECORD: McCarthy Tétrault
Barristers and Solicitors
Suite 4700, T.D. Bank Tower
Toronto, Ontario
M5K 1E6
For the Appellants
Kappel Ludlow
Barristers and Solicitors
Suite 1400
439 University Avenue
Toronto, Ontario
M5G 1Y8
For the Respondents
| |
PAULA LISHMAN LIMITED and |
| |
REASONS FOR JUDGMENT OF THE COURT |
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