Date: 20041125
Docket: A-161-04
Citation: 2004 FCA 401
CORAM: DÉCARY J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
4093879 CANADA LTD.
and 4093887 CANADA LTD., a partnership carrying
on business under the name and style
of "NYGARD INTERNATIONAL PARTNERSHIP",
Appellants
and
WAL-MART CANADA CORP.
and WAL-MART STORES, INC.,
Respondents
Heard at Toronto, Ontario, on November 25, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on November 25, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20041125
Docket: A-161-04
Citation: 2004 FCA 401
CORAM: DÉCARY J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
4093879 CANADA LTD.
and 4093887 CANADA LTD., a partnership carrying
on business under the name and style
of "NYGARD INTERNATIONAL PARTNERSHIP",
Appellants
and
WAL-MART CANADA CORP.
and WAL-MART STORES, INC.,
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario on November 25, 2004)
DÉCARY J.A.
[1] We have not been persuaded that the Case Management Judge wrongly exercised his discretion when he did not allow a question to be put to the respondents and qualified that question as amounting to a fishing expedition.
[2] The appeal will be dismissed with costs.
"Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-161-04
STYLE OF CAUSE: 409389 CANADA LTD. and 4093887 CANADA LTD.,
a partnership carrying on business under the name and
style of "NYGARD INTERNATIONAL PARTNERSHIP"
Appellants
and
WAL-MART CANADA CORP. and WAL-MART
STORES, INC.
Respondents
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: NOVEMBER 25, 2004
REASONS FOR JUDGMENT
OF THE COURT: (DÉCARY, SEXTON, EVANS JJ.A.)
DELIVERED FROM THE
BENCH BY: DÉCARY J.A.
APPEARANCES:
Michael Thomson For the Appellants
E. William Olson
Shane I. Perlmutter For the Respondents
SOLICITORS OF RECORD:
Tapper Cuddy
Barristers & Solicitors
Winnipeg, ON For the Appellants
Thompson Dorfman Sweatman
Barristers & Solicitors
Winnipeg, ON For the Respondents
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