Date: 20001212
Docket: T-2390-98
MONTRÉAL, QUEBEC, DECEMBER 12, 2000
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
Motion by the plaintiff to resolve the objections raised in connection with the defendants' examination for discovery.
[Rules 97(b) and 151 of the Federal Court Rules (1998)]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] The defendants did not persuade the Court that it should not order - and it hereby orders - the defendants to:
(1) provide the plaintiff on or before January 12, 2001 with the relevant information and documents in response to undertakings Nos. E-7, E-8, E-9 and E-11, under protest, resulting from the examination for discovery of Mario Charbonneau on August 14, 2000, that is, respectively, to
(i) provide a copy of all invoices relating to the K2 caterpillar systems sold by the defendants;
(ii) provide a copy of documents making it possible to establish the defendants' gross profit margin for each of the K2 caterpillar systems sold by them;
(iii) provide a copy of the tax returns of the defendant Équipements K2 Inc. since its incorporation;
(iv) disclose the names of persons who allegedly reported to the defendants the statements mentioned in paragraph 12 of the defence;
(2) be present on the date already scheduled for the continuance of their examination for discovery to answer any legitimate question by the plaintiff arising from the replies that are given to the aforementioned undertakings.
[2] Pursuant to Rule 151 of the Federal Court Rules (1998) ("the Rules"), the defendants' documents provided in response to undertakings E-7, E-8 and E-9 and to questions resulting from those responses shall in accordance with Rule 152 be treated confidentially.
[3] Pursuant to Rule 401(2), the costs on the instant motion are awarded to the plaintiff and shall be paid forthwith, following assessment if necessary.
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Richard Morneau
Prothonotary
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Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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Federal Court of Canada
Trial Division
Date: 20001212
Docket: T-2390-98
Between:
GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
REASONS FOR ORDER
AND ORDER
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FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-2390-98
STYLE OF CAUSE: GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 11, 2000
REASONS FOR ORDER AND ORDER BY: RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER: December 12, 2000
APPEARANCES:
Marc-André Huot for the plaintiff
Christian Ladouceur for the defendants
SOLICITORS OF RECORD:
Smart & Biggar for the plaintiff
Montréal, Quebec
Les Avocats Ladouceur for the defendants
Saint-Eustache, Quebec
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