Date: 20010614
Docket: A-616-00
Neutral citation: 2001 FCA 201
CORAM: LINDEN J.A.
ISAAC J.A.
NOËL J.A.
BETWEEN:
VISX, INCORPORATED
Appellant
- and -
NIDEK CO., LTD., DR. HOWARD GIMBEL
and DR. DONALD JOHNSON
Respondents
Heard at Ottawa, Ontario on Thursday, June 14, 2001
Judgment delivered from the Bench at Ottawa on June 14, 2001
REASONS FOR JUDGMENTOF THE COURT BY: NOËL J.A.
Date: 20010614
Docket: A-616-00
Neutral citation: 2001 FCA 201
CORAM: LINDEN J.A.
ISAAC J.A.
NOËL J.A.
BETWEEN:
VISX, INCORPORATED
Appellant
- and -
NIDEK CO., LTD., DR. HOWARD GIMBEL
and DR. DONALD JOHNSON
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on Thursday, June 14, 2001)
NOËL J.A.
[1] We are all of the view that the motions Judge committed no reviewable error in refusing to compel the respondents' affiants to answer specified questions at their cross-examinations.
[2] The appeal will be dismissed with costs in favour of each respondent.
"Marc Noël"
J.A.
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