Directed Electronics Inc. v. Clifford Canada Inc., 2001 FCT 974

Date: 20010830

Docket: T-30-01

Neutral citation: 2001 FCT 974

Montreal, Quebec, August 30, 2001

Present:           Richard Morneau, Esq., Prothonotary

BETWEEN:

                                                   DIRECTED ELECTRONICS, INC.

                                             M & P DIRECTED ELECTRONICS INC.

                                                                                                                                                        Plaintiffs

                                                                                 and

                                                          CLIFFORD CANADA INC.

                                              DISTRIBUTION AUTOMOBILITÉ INC.

                                                                                                                                                    Defendants

Motion on behalf of the Plaintiffs for:

           1.         An order compelling the re-attendance of Mr. Robert Nelson, the president of the Defendants Clifford Canada Inc. and Distribution Automobilité Inc., at his own cost in Montreal, Quebec, in order that he answer those questions which were refused or taken under advisement during the examination for discovery of Mr. Nelson held in Montreal on June 11, and that Mr. Nelson be compelled to provide such further undertakings which may follow said re-attendance, as the case may be;

           2.         An Order compelling the Defendants to provide all of the undertakings undertaken to be provided, without exception, and without redaction;

           3.         Alternatively, an Order setting the date by which the Defendants are to provide all undertakings, without exception, and without redaction;

           4.         Costs in this motion;

           5.         Such further and other relief as this Honourable Court may deem just.

                                               REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY

[1]                 I shall deal first with the undertakings and then with the questions objected to.

[2]                 As far as the undertakings are concerned, the Defendants shall answer on or before October 9, 2001 the undertakings mentioned in paragraphs 12 and 13 of the written representations filed by the Defendants in answer to the motion at bar.

[3]                 As for undertaking U-41, the Defendants shall provide the Plaintiffs with all independent financial information available in order to allow the parties to ascertain the relevant profits allegedly made by the Defendants. Said information shall be provided within ten (10) days of the issuance of a protective order to be obtained through a joint written motion of the parties to be filed no later than twenty (20) days of the date of the instant Order.

[4]                 As for the outstanding questions, question 603 shall be rephrased to adhere to the wording used by rule 240(b).

[5]                 Question 603 shall be pursued in writing within ten (10) days of the date of this Order. Thereafter, the answer to same shall be served within ten (10) days.

[6]                 With respect to the remaining outstanding questions, to wit, questions 170, 252, 253, 255 to 259, for the reasons expressed by the Defendants in their written representations filed with their Motion Record in answer to the motion at bar, none of the said questions need to be answered.

[7]                 Consequently, there is no need to resume the oral discovery of Mr. Robert Nelson.

[8]                 Costs shall be in the cause.

Richard Morneau   

                                           Prothonotary

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:

STYLE OF CAUSE:

T-30-01

DIRECTED ELECTRONICS, INC.

M & P DIRECTED ELECTRONICS INC.

                                                                             Plaintiffs

and

CLIFFORD CANADA INC.

DISTRIBUTION AUTOMOBILITÉ INC.

                                                                        Defendants

PLACE OF HEARING:Montreal, Quebec

DATE OF HEARING:August 27, 2001

REASONS FOR ORDER OF RICHARD MORNEAU, ESQ., PROTHONOTARY

DATED:August 30, 2001

APPEARANCES:

SOLICITORS OF RECORD: