4093879 Canada Ltd. v. Wal-Mart Canada Corp.

4093879 Canada Ltd. v. Wal-Mart Canada Corp.

Because the parties had resolved virtually all substantive motion issues, the defendants consented, and the plaintiffs demonstrated ongoing commercial consequences, likely discovery disputes, and benefit from continuity of a familiar judge, the court exercised its case management jurisdiction and referred the proceeding to the Office of the Chief Justice for special management.

Citation
2003 FC 1000
Parties
Plaintiff: 4093879 CANADA LTD.; Plaintiff: 4093887 CANADA LTD. (NYGARD INTERNATIONAL PARTNERSHIP); Defendant: WAL-MART CANADA CORP.; Defendant: WAL-MART STORES, INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 August 2003
Procedural Posture
Copyright Infringement / Notice of Motion for Interlocutory Injunction; Motion Dealt With in Writing; Referral to Special Case Management
Outcome
Proceeding referred to the Office of the Chief Justice to be specially managed.
Legal Topics
Copyright, Interlocutory Injunction, Case Management, Discovery, Alternative Dispute Resolution
Source Language
English
Intellectual Property Civil Procedure Commercial Law Copyright Interlocutory Injunction Case Management Discovery Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

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Parties

4093879 CANADA LTD.

Plaintiff

4093887 CANADA LTD. (NYGARD INTERNATIONAL PARTNERSHIP)

Plaintiff

WAL-MART CANADA CORP.

Defendant

WAL-MART STORES, INC.

Defendant

Procedural Posture

Copyright Infringement / Notice of Motion for Interlocutory Injunction; Motion Dealt With in Writing; Referral to Special Case Management

Legal Issues

  1. 1 Whether the proceeding should be specially managed by referral to the Office of the Chief Justice
  2. 2 Whether interlocutory relief was appropriate (initial motion)
  3. 3 Management of future discovery and potential continuing infringement issues

Ratio Decidendi

Because the parties had resolved virtually all substantive motion issues, the defendants consented, and the plaintiffs demonstrated ongoing commercial consequences, likely discovery disputes, and benefit from continuity of a familiar judge, the court exercised its case management jurisdiction and referred the proceeding to the Office of the Chief Justice for special management.

Court Disposition

Proceeding referred to the Office of the Chief Justice to be specially managed.

Orders

  • This case is referred to the Office of the Chief Justice to be specially managed.