Date: 20030716
Docket: T-697-02
Citation: 2003 FC 890
Montréal, Quebec, July 16, 2003
PRESENT: THE PROTHONOTARY RICHARD MORNEAU
BETWEEN:
OSMOSE-PENTOX INC.
Plaintiff
and
SOCIÉTÉ LAURENTIDE INC.
Defendant
REASONS FOR ORDER AND ORDER
[1] IN VIEW OF the plaintiff's motion essentially asking that the defendant serve a more full or accurate affidavit of documents on it;
[2] WHEREAS the defendant has filed against this motion a reply record which appears to be deficient in that inter alia it does not contain an affidavit supporting the factual background which it seeks to establish in its written submissions;
[3] WHEREAS, having read the parties' records and heard their counsel, the plaintiff's motion must be allowed in part;
[4] IT IS HEREBY ORDERED AS FOLLOWS:
1. Subject to paragraph 2, on or before August 18, 2003, the defendant shall serve an amended affidavit of documents - service to include a copy of any document already listed or mentioned below, which has not yet been served - and that affidavit shall list the following categories of documents for the years 1998 to 2003, with respect to all the defendant's products on which the words "Conservator" and "Conservateur" appear:
(a) its sales invoices;
(b) its sales reports;
(c) a list of products on which the words "Conservator" and "Conservateur" appear which the defendant has sold, and a copy of the label of each product sold with the word "Conservator" and "Conservateur";
(d) its price lists;
(e) a list of customers;
(f) invoices for the design and manufacture of the labels of these products;
2. For any document mentioned in paragraph 1 which cannot be produced, the deponent to the defendant's amended affidavit of documents shall state the reasons why these documents are not available;
3. The plaintiff's motion is dismissed for any other category of documents sought: it appears to the Court that with the documentation already provided and that covered by this order the plaintiff will have sufficient documentation to reasonably establish the sales, profits and market share of the defendant; any additional documentation is in the nature of a fishing expedition;
4. As there will be an examination for discovery, conclusions (b) and (c) in the plaintiff's amended notice of motion are also dismissed;
5. Costs are awarded to the plaintiff on this motion and the defendant will thus have to pay the plaintiff the sum of $750 within 60 days of this order;
6. On the schedule to be followed in future, the parties will have to act in accordance with the following:
(a) The defendant will have to comply with paragraph 1 and 2 above; the plaintiff shall serve on or before August 18, 2003, any document listed in its affidavit of documents and not yet served;
(b) The parties shall ensure that their examinations for discovery are held before September 30, 2003, at times and places to be agreed between the parties;
(c) If it proves necessary for this to be done, any motion to resolve objections shall be served and filed on or before October 29, 2003;
(d) Any further stage necessary in this matter shall be determined once the present schedule has been completed.
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"Richard Morneau"
Prothonotary
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Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT
Date: 20030716
Docket: T-697-02
Between:
OSMOSE-PENTOX INC.
Plaintiff
and
SOCIÉTÉ LAURENTIDE INC.
Defendant
REASONS FOR ORDER
AND ORDER
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FEDERAL COURT
SOLICITORS OF RECORD
FILE: T-697-02
STYLE OF CAUSE: OSMOSE-PENTOX INC.
Plaintiff
and
SOCIÉTÉ LAURENTIDE INC.
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: July 14, 2003
REASONS FOR ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATED: July 16, 2003
APPEARANCES:
Nadia Sabik FOR THE PLAINTIFF
Patrick Goudreau FOR THE DEFENDANT
SOLICITORS OF RECORD:
Dagenais & Associés FOR THE PLAINTIFF
Montréal, Quebec
Dunton, Rainville FOR THE DEFENDANT
Montréal, Quebec
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