Date: 20041019
Docket: A-98-04
Citation: 2004 FCA 353
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
INTEL CORPORATION
Appellant
and
3395383 CANADA INC.
Respondent
Heard at Montréal (Quebec), on October 19, 2004.
Judgment delivered from the Bench at Montréal (Quebec), on October 19, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20041019
Docket: A-98-04
Citation: 2004 FCA 353
CORAM: DÉCARY J.A.
LÉTOURNEAU J.A.
NADON J.A.
BETWEEN:
INTEL CORPORATION
Appellant
and
3395383 CANADA INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal (Quebec), on October 19, 2004)
NADON J.A.
[1] We are all agreed that Madam Justice Heneghan made no error when she concluded that Prothonotary Richard Morneau was not "clearly wrong" in refusing to compel the Respondent to answer the questions posed by the Appellant pertaining to the identity of the Respondent's suppliers, contractors & customers (Questions 526 and 810) and to the production of copies of e-mails sent to the Respondent's website (Questions 812 and 814).
[2] Like the learned motion judge, we have not been persuaded that the Prothonotary proceeded either on a wrong principle or upon a misapprehension of the facts.
[3] For these reasons, this appeal will be dismissed with costs.
"Marc Nadon"
j.a.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-98-04
(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED FEBRUARY 11, 2004, DOCKET T-1993-01.)
STYLE OF CAUSE:
INTEL CORPORATION
Appellant
and
3395383 CANADA INC.
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 19, 2004
REASONS FOR JUDGMENT OF THE COURT: (Décary, Létourneau, Nadon, JJ.A.)
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Brian P. Isaac
Mark G. Biernacki
|
FOR THE APPELLANT
|
|
Hugues G. Richard
Alexandra Steele
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Smart & Biggar
Montréal, Quebec
|
FOR THE APPELLANT
|
|
Léger Robic Richard
Montréal, Quebec
|
FOR THE RESPONDENT
|
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