A & D Prévost Inc. v. Gamma Industries Inc.

A & D Prévost Inc. v. Gamma Industries Inc.

The court ordered production of documents referenced in the defence within 15 days; ordered particulars for the specified vague allegations (paragraphs 35, 39 and 40) to be filed within 30 days following the guidance of Denharco and Contour Optik; struck paragraphs 32(c),(d) and (f) from the defence as irrelevant and disclosing no reasonable cause of defence (no amended defence required); directed the plaintiff to serve and file its reply and defence to the counterclaim within 15 days of service of the particulars; and awarded costs to the plaintiff.

Citation
2003 FC 1129
Parties
Plaintiff / Defendant to Counterclaim: A. & D. Prévost Inc.; Defendant / Plaintiff by Counterclaim: Gamma Industries Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 September 2003
Procedural Posture
Federal Court Patent Action (motion on Disclosure, Particulars and Striking Pleadings) / Interlocutory Motion (pre Trial)
Outcome
Motion granted in part
Legal Topics
Disclosure, Particulars, Striking Pleadings, Costs
Source Language
English
Patent Law Civil Procedure Evidence Intellectual Property Disclosure Particulars Striking Pleadings Costs

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Parties

A. & D. Prévost Inc.

Plaintiff / Defendant to Counterclaim

Gamma Industries Inc.

Defendant / Plaintiff by Counterclaim

Procedural Posture

Federal Court Patent Action (motion on Disclosure, Particulars and Striking Pleadings) / Interlocutory Motion (pre Trial)

Legal Issues

  1. 1 Whether defendant must produce documents referenced in defence under Rule 206
  2. 2 Whether defendant must provide particulars for vague allegations under Rule 181
  3. 3 Whether parts of the defence (paragraph 32(c),(d),(f)) disclose no reasonable cause of defence and should be struck under Rule 221

Ratio Decidendi

The court ordered production of documents referenced in the defence within 15 days; ordered particulars for the specified vague allegations (paragraphs 35, 39 and 40) to be filed within 30 days following the guidance of Denharco and Contour Optik; struck paragraphs 32(c),(d) and (f) from the defence as irrelevant and disclosing no reasonable cause of defence (no amended defence required); directed the plaintiff to serve and file its reply and defence to the counterclaim within 15 days of service of the particulars; and awarded costs to the plaintiff.

Court Disposition

Motion granted in part

Orders

  • Defendant to serve the documents referred to in paragraphs 17, 22, 25, 26 and 27 of the defence within 15 days of this order
  • Defendant to provide particulars for paragraphs 35 (a),(b),(d),(e), 39 and 40 of the defence as set out in plaintiff's September 2, 2003 letter within 30 days of this order