Date: 19980715
Docket: T-430-98
BETWEEN:
MOTOROLA, INC. and
and
MOTOROLA CANADA LIMITED
Plaintiffs
- and -
RONEN KATZ
a.k.a. RON KATZ
Defendant
REASONS FOR ORDER
GILES, A.S.P.:
[1] The plaintiffs' counsel asked that I reduce my reasons to writing for refusing an order under Rule 236(1)(c) to examine the defendant for discovery. Rule 236 provides that a party may examine an adverse party only if, among other things, the adverse party is in default of serving and filing its pleadings and leave of the Court has been obtained. The defendant herein had filed no defence to the action and therefore could be said to be in default of filing a pleading. The plaintiffs could have sought judgment in default of defence but did not do so and sought discovery to "flesh out" the evidence supporting the facts alleged in the statement of claim. In my view, in order to obtain a judgment for the reliefs sought in the claim, no further information is necessary. New information may be needed to give effect to the judgment when obtained. No doubt, there will be a reference to determine damages and profits. To enable that reference to proceed, a discovery will have to be held. Discovery for the purposes of a reference need not be held before judgment. In this case, the plaintiffs alluded to the efficiency of including in this action, by amendment, the names of other infringers ascertained by means of discovery. This is not in my view a reason to give leave.
[2] What are permitted on oral discovery are questions relevant to any unadmitted allegation of fact. What is relevant is that which may advance the plaintiffs' case. No new information is required here to advance the plaintiffs' case. The plaintiffs can bring an ex parte motion for judgment on the pleadings without further information or further evidence to support the allegations. There are no questions the answers to which could advance the plaintiffs' case. No questions can therefore be relevant and the motion for leave to discover was therefore dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 15, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-430-98
| STYLE OF CAUSE: MOTOROLA, INC. ET AL. |
- and -
a.k.a. RON KATZ
DATE OF HEARING: JULY 13, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: GILES, A.S.P.
DATED: JULY 15, 1998
APPEARANCES:
Mr. Arthur B. Renaud
For the Plaintiffs
No one appearing
For the Defendant
SOLICITORS OF RECORD:
Sim, Hughes, Ashton, McKay
Barristers & Solicitors
6th Floor
330 University Avenue
Toronto, Ontario
M5G 1R7
For the Plaintiffs
FEDERAL COURT OF CANADA
Date: 19980715
Docket: T-430-98
Between:
MOTOROLA CANADA LIMITED
Plaintiffs
- and -
a.k.a. RON KATZ
Defendant
REASONS FOR ORDER
Email this Content