Date: 20080915
Docket: A-125-08
Citation: 2008 FCA 266
CORAM: LINDEN J.A.
NADON
J.A.
SEXTON J.A.
BETWEEN:
MÖVENPICK-HOLDING
Appellant
and
INTER MANAGEMENT SERVICES LIMITED and
HANS JÖRG REICHERT and MARIANNE REICHERT
and GASTRO INTERNATIONAL INC.
Respondents
Heard at Toronto, Ontario, on September
15, 2008.
Judgment delivered from the
Bench at Toronto,
Ontario, on
September 15, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date: 20080915
Docket: A-125-08
Citation: 2008 FCA 266
CORAM: LINDEN J.A.
NADON
J.A.
SEXTON
J.A.
BETWEEN:
MÖVENPICK-HOLDING
Appellant
and
INTER MANAGEMENT SERVICES LIMITED and
HANS JÖRG REICHERT and MARIANNE REICHERT
and GASTRO INTERNATIONAL INC.
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Toronto, Ontario, on September 15,
2008)
NADON J.A.
[1]
Notwithstanding
Mr. Odutola’s forceful arguments, we have not been persuaded that the learned Motions
Judge made any error in dismissing the appellant’s appeal from the order of Prothonotary
Tabib which rejected its motion to strike paragraphs 16 and 17 of the
respondents’ Amended Statement of Defence and Counterclaim.
[2]
The appeal
will therefore be dismissed with costs.
“M. Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-125-08
(APPEAL FROM REASONS FOR ORDER AND ORDER
OF THE HONOURABLE DEPUTY JUDGE MAURICE LÉGACÉ DATED MARCH 7, 2008, DOCKET NO. T-2261-05.)
STYLE OF CAUSE: MÖVENPICK-HOLDING v. INTER MANAGEMENT
SERVICES LIMITED and HANS JÖRG
REICHERT and
MARIANNE REICHERT and GASTRO
NTERNATIONAL
INC.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 15, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.)
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
|
MR. ODUTOLA
|
FOR THE APPELLANT
|
|
No
appearance
|
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
|
Odutola Professional
Corporation
Ottawa, Ontario
|
FOR THE
APPELLANT
|
|
Bereskin & Parr
Toronto, Ontario
|
FOR THE
RESPONDENTS
|
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