Jaguar Canada Inc. v. Remo Imports Ltd.
The Federal Court of Appeal held the Prothonotary was not clearly wrong in concluding Questions 517 and 1151 were not relevant to non-remedial issues and in declining to require updating of information for follow-up Question 3 to Question 197; therefore the Prothonotary's exercise of discretion was upheld and the...
Source-derived case information.
- Citation
- 2002 FCA 342
- Parties
- Appellant: Jaguar Canada Inc. and Jaguar Cars Limited; Respondent: Remo Imports Ltd.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 September 2002
- Procedural Posture
- Civil Appeal / Federal Court of Appeal Decision on Interlocutory Discovery Matters
- Outcome
- Appeal dismissed with costs in any event of the cause.
- Legal Topics
- Discovery, Relevance of Interrogatories, Prothonotary Discretion, Interrogatories Update, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jaguar Canada Inc. and Jaguar Cars Limited
Appellant
Remo Imports Ltd.
Respondent
Procedural Posture
Civil Appeal / Federal Court of Appeal Decision on Interlocutory Discovery Matters
Legal Issues
- 1 Whether the Prothonotary was clearly wrong in concluding Questions 517 and 1151 were not relevant to non-remedial issues
- 2 Whether the Prothonotary abused discretion by refusing to require updating of information in follow-up Question 3 to Question 197
- 3 Appropriate standard of review for interlocutory discovery rulings
Ratio Decidendi
The Federal Court of Appeal held the Prothonotary was not clearly wrong in concluding Questions 517 and 1151 were not relevant to non-remedial issues and in declining to require updating of information for follow-up Question 3 to Question 197; therefore the Prothonotary's exercise of discretion was upheld and the appeal was dismissed.
Court Disposition
Appeal dismissed with costs in any event of the cause.
Orders
- Appeal dismissed with costs in any event of the cause.
- Prothonotary's decision upheld: Questions 517 and 1151 were not required to be answered and there was no requirement to update information in response to follow-up Question 3 to Question 197.
Full Case Text
Judgment text and source record
1 paragraphs
Jaguar Canada Inc. v. Remo Imports Ltd. Court (s) Database Federal Court of Appeal Decisions Date 2002-09-23 Neutral citation 2002 FCA 342 File numbers A-19-02 Decision Content Date: 20020923 Docket: A-19-02 Neutral citation: 2002 FCA 342 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: JAGUAR CANADA INC. and JAGUAR CARS LIMITED Appellants - and - REMO IMPORTS LTD. Respondent Heard at Toronto, Ontario, on Monday, September 23, 2002. Judgment delivered from the Bench at Toronto, Ontario, on Monday, September 23, 2002. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20020923 Docket: A-19-02 Neutral citation: 2002 FCA 342 CORAM: ROTHSTEIN J.A. EVANS J.A. MALONE J.A. BETWEEN: JAGUAR CANADA INC. and JAGUAR CARS LIMITED Appellants - and - REMO IMPORTS LTD. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on Monday, September 23, 2002) EVANS J.A. [1] We are not persuaded that the Prothonotary was "clearly wrong" when he concluded that Questions 517 and 1151 were not relevant to the non-remedial issues in this litigation and therefore did not have to be answered. Nor are we persuaded that he was "clearly wrong" when he exercised his discretion not to require information previously provided to be updated as had been requested in follow-up Question 3 to Question 197. [2] For these reasons, the appeal will be dismissed with costs in any event of the cause. "John M. Evans" J.A. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-19-02 STYLE OF CAUSE: JAGUAR CANADA INC. and JAGUAR CARS LIMITED Appellants - and - REMO IMPORTS LTD. Respondent DATE OF HEARING: MONDAY, SEPTEMBER 23, 2002 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: EVANS, J.A. DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, SEPTEMBER 23, 2002. DATED: MONDAY, SEPTEMBER 23, 2002 APPEARANCES BY: Ms. Pauline Bosman For the Appellants Mr. Richard Uditsky For the Respondent SOLICITORS OF RECORD: J. Douglas Wilson Ridout & Maybee One Queen Street East Suite 2400 Toronto, Ontario M5C 3B1 For the Appellants Richard Uditsky Mendelsohn Rosentzveig Shacter 1000 Sherbrooke Street West Montrèal, Québec H3A 3G4 For the Respondent FEDERAL COURT OF APPEAL Date: 20020923 Docket: A-19-02 BETWEEN: JAGUAR CANADA INC. and JAGUAR CARS LIMITED Appellants - and - REMO IMPORTS LTD. Respondent REASONS FOR JUDGMENT OF THE COURT