Weatherford Canada Ltd. v. Corlac Inc.

Weatherford Canada Ltd. v. Corlac Inc.

The Court determined that only documents introduced through a witness comprise the final Exhibit 10 and ordered that all other documents in the original Exhibit 10 be removed and destroyed, with new volumes created containing the documents listed in Schedule A as the final Exhibit 10.

Citation
2009 FC 569
Parties
Plaintiff (defendant by Counterclaim): WEATHERFORD CANADA LTD.; Plaintiff (defendant by Counterclaim): WEATHERFORD CANADA PARTNERSHIP; Plaintiff (defendant by Counterclaim): EDWARD GRENKE; Plaintiff (defendant by Counterclaim): GRENCO INDUSTRIES LTD.; Defendant (plaintiff by Counterclaim): CORLAC INC.; Defendant (plaintiff by Counterclaim): NATIONAL-OILWELL CANADA LTD.; Defendant (plaintiff by Counterclaim): NATIONAL OILWELL INCORPORATED
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 June 2009
Procedural Posture
Civil (patent/contract Dispute) / Trial (exhibit Identification/order)
Outcome
Order granted: Schedule A constitutes final Exhibit 10; Registry to remove and shred other documents; new volumes to be created and retained; Judge's copy to have non-Schedule A documents removed and destroyed.
Legal Topics
Exhibit Handling, Document Identification, Destruction of Exhibits, Trial Procedure
Source Language
English
Civil Procedure Evidence Intellectual Property Patents Exhibit Handling Document Identification Destruction of Exhibits Trial Procedure

Case Brief

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Parties

WEATHERFORD CANADA LTD.

Plaintiff (defendant by Counterclaim)

WEATHERFORD CANADA PARTNERSHIP

Plaintiff (defendant by Counterclaim)

EDWARD GRENKE

Plaintiff (defendant by Counterclaim)

GRENCO INDUSTRIES LTD.

Plaintiff (defendant by Counterclaim)

CORLAC INC.

Defendant (plaintiff by Counterclaim)

NATIONAL-OILWELL CANADA LTD.

Defendant (plaintiff by Counterclaim)

NATIONAL OILWELL INCORPORATED

Defendant (plaintiff by Counterclaim)

Procedural Posture

Civil (patent/contract Dispute) / Trial (exhibit Identification/order)

Legal Issues

  1. 1 Whether binders marked as Exhibit 10 should be finalized or be marked for identification
  2. 2 Which documents introduced through witnesses constitute the final version of Exhibit 10
  3. 3 Whether the Registry should remove and destroy documents not part of final Exhibit 10

Ratio Decidendi

The Court determined that only documents introduced through a witness comprise the final Exhibit 10 and ordered that all other documents in the original Exhibit 10 be removed and destroyed, with new volumes created containing the documents listed in Schedule A as the final Exhibit 10.

Court Disposition

Order granted: Schedule A constitutes final Exhibit 10; Registry to remove and shred other documents; new volumes to be created and retained; Judge's copy to have non-Schedule A documents removed and destroyed.

Orders

  • Documents listed in Schedule A constitute the final version of Exhibit 10.
  • The Registry shall remove all other documents in Exhibit 10 and shred them.