Date: 20050914
Docket: A-193-05
A-194-05
Citation: 2005 FCA 300
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
MALONE J.A.
Docket A-193-05
BETWEEN:
CORLAC INC., NATIONAL-OILWELL CANADA LTD. and
NATIONAL OILWELL INCORPORATED
Appellants
and
WEATHERFORD ARTIFICIAL LIFT SYSTEMS INC.,
WEATHERFORD CANADA PARTNERSHIP,
EDWARD GRENKE and GRENCO INDUSTRIES LTD.
Respondents
Docket A-194-05
BETWEEN:
CORLAC INDUSTRIES (1998) LTD., CORLAC INC.
and NATIONAL-OILWELL CANADA LTD.
Appellants
and
WEATHERFORD CANADA LTD. and
WEATHERFORD CANADA PARTNERSHIP
Respondents
Heard at Toronto, Ontario, on September 14, 2005.
Delivered from the Bench at Toronto, Ontario, on September 14, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20050914
Docket: A-193-05
A-194-05
Citation: 2005 FCA 300
CORAM: LÉTOURNEAU J.A.
ROTHSTEIN J.A.
MALONE J.A.
Docket A-193-05
BETWEEN:
CORLAC INC., NATIONAL-OILWELL CANADA LTD. and
NATIONAL OILWELL INCORPORATED
Appellants
and
WEATHERFORD ARTIFICIAL LIFT SYSTEMS INC.,
WEATHERFORD CANADA PARTNERSHIP,
EDWARD GRENKE and GRENCO INDUSTRIES LTD.
Respondents
Docket A-194-05
BETWEEN:
CORLAC INDUSTRIES (1998) LTD., CORLAC INC.
and NATIONAL-OILWELL CANADA LTD.
Appellants
and
WEATHERFORD CANADA LTD. and
WEATHERFORD CANADA PARTNERSHIP
Respondents
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario, on September 14, 2005)
ROTHSTEIN J.A.
[1] Prothonotary Lafreniere found that it was not plain and obvious that the claims which the appellants seek to strike from the Statements of Claim in these actions cannot possibly succeed. He dismissed the appellants' motions to strike. The prothonotary's rulings were upheld on appeal by Shore J.
[2] Notwithstanding the submissions of counsel for the appellants, we have not been persuaded that these are cases in which it would be appropriate for this Court to intervene. The prothonotary applied the relevant law applicable to motions to strike and it has not been demonstrated to us that it is beyond doubt that the actions may not succeed on the matters covered by the pleadings the appellants seek to have struck out.
[3] The appeals will be dismissed with costs.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-193-05
STYLE OF CAUSE: CORLAC INC. ET AL
Appellants
- and -
WEATHERFORD ARTIFICIAL LIFT
SYSTEMS INC. ET AL
Respondents
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 14, 2005
REASONS FOR JUDGMENT
OF THE COURT: (Létourneau, Rothstein & Malone JJ.A.)
RENDERED FROM THE
BENCH BY: Rothstein J.A.
APPEARANCES BY:
Mr. Christopher Kvas For the Appellants
Mr. Robert H.C. MacFarlane For the Respondents (Weatherford Artificial Life Systems Inc. and Weatherford Canada Partnership)
Mr. Adam Bobker For the Respondents (Weatherford Artificial Life Systems Inc. and Weatherford Canada Partnership)
SOLICITORS OF RECORD:
KVAS MILLER EVERITT
Toronto, Ontario For the Appellants
KIMBERLY L. TOWNLEY-SMITH
Barrister & Solicitor
Toronto, Ontario For the Respondents (Weatherford Artificial Life Systems Inc. and Weatherford Canada Partnership)
BERESKIN & PARR
Toronto, Ontario For the Respondents (Weatherford Artificial Life Systems Inc. and Weatherford Canada Partnership)
DIMOCK STRATTON LLP
Toronto, Ontario For the Respondents (Edward Grenke and GrenCo Industries Ltd.)
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-194-05
STYLE OF CAUSE: CORLAC INC. ET AL
Appellants
- and -
WEATHERFORD CANADA LTD. ET AL Respondents
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: SEPTEMBER 14, 2005
REASONS FOR JUDGMENT
OF THE COURT: (Létourneau, Rothstein & Malone JJ.A.)
RENDERED FROM THE
BENCH BY: Rothstein J.A.
APPEARANCES BY:
Mr. Christopher Kvas For the Appellants
Mr. Robert H.C. MacFarlane For the Respondents
Mr. Adam Bobker For the Respondents
SOLICITORS OF RECORD:
KVAS MILLER EVERITT
Toronto, Ontario For the Appellants
KIMBERLY L. TOWNLEY-SMITH
Barrister & Solicitor
Toronto, Ontario For the Respondents
BERESKIN & PARR
Toronto, Ontario For the Respondents
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