Montague Industries Inc. v. Canmec Ltée.

Montague Industries Inc. v. Canmec Ltée.

On the record and applying the applicable standard of deference to the prothonotary's discretionary interlocutory rulings, the court found no reviewable error in the prothonotary's refusal to order production of the Doyle microfiche for the narrow cross-examinations before her and declined to disturb that aspect of the order; however, because the prothonotary did not address the subpoena request on the face of her order, the court granted an extension of time to apply under Rule 397 to raise that omission. The remainder of the applicants' appeal was dismissed and costs were fixed to the defendants.

Citation
2001 FCT 72
Parties
Plaintiff: Montague Industries Inc.; Co Defendant by Counterclaim: Jean-Paul Paradis; Defendant / Plaintiff by Counterclaim: Canmec Ltée.; Plaintiff by Counterclaim: Canmec Inc.; Defendant / Plaintiff by Counterclaim: Canmec La Baie Inc.; Defendant / Plaintiff by Counterclaim: Canmec Chicoutimi Inc.; Defendant: Industries Couture Ltd.; Defendant / Plaintiff by Counterclaim: Gerald Brisson; Defendant / Plaintiff by Counterclaim: Laurent Mimeault; Defendant: Herbert Brown
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 February 2001
Procedural Posture
Civil Interlocutory Motions and Counterclaim Regarding Copyright and Alleged Conflict of Interest / Appeal From Prothonotary's Interlocutory Order (motion/appeal)
Outcome
Appeal dismissed except that an extension of time was granted to apply under Federal Court Rule 397 for the subpoena relief; costs awarded to defendants in the amount of $1,500.
Legal Topics
Compellability of Documents, Subpoena Issuance, Cross Examination for Credibility, Anton Piller Order Compliance, Standard of Review, Solicitor and Client Costs
Source Language
English
Civil Procedure Evidence Intellectual Property Costs Remedies Compellability of Documents Subpoena Issuance Cross Examination for Credibility +3 more

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Parties

Montague Industries Inc.

Plaintiff

Jean-Paul Paradis

Co Defendant by Counterclaim

Canmec Ltée.

Defendant / Plaintiff by Counterclaim

Canmec Inc.

Plaintiff by Counterclaim

Canmec La Baie Inc.

Defendant / Plaintiff by Counterclaim

Canmec Chicoutimi Inc.

Defendant / Plaintiff by Counterclaim

Industries Couture Ltd.

Defendant

Gerald Brisson

Defendant / Plaintiff by Counterclaim

Laurent Mimeault

Defendant / Plaintiff by Counterclaim

Herbert Brown

Defendant

Procedural Posture

Civil Interlocutory Motions and Counterclaim Regarding Copyright and Alleged Conflict of Interest / Appeal From Prothonotary's Interlocutory Order (motion/appeal)

Legal Issues

  1. 1 Whether the Doyle microfiche were compellable for production at cross-examination
  2. 2 Whether the prothonotary erred by omitting to adjudicate the request for subpoenas of former employees
  3. 3 Appropriate standard of review for an appeal from a prothonotary's discretionary interlocutory order

Ratio Decidendi

On the record and applying the applicable standard of deference to the prothonotary's discretionary interlocutory rulings, the court found no reviewable error in the prothonotary's refusal to order production of the Doyle microfiche for the narrow cross-examinations before her and declined to disturb that aspect of the order; however, because the prothonotary did not address the subpoena request on the face of her order, the court granted an extension of time to apply under Rule 397 to raise that omission. The remainder of the applicants' appeal was dismissed and costs were fixed to the defendants.

Court Disposition

Appeal dismissed except that an extension of time was granted to apply under Federal Court Rule 397 for the subpoena relief; costs awarded to defendants in the amount of $1,500.

Orders

  • Time extended for 10 days for plaintiff or plaintiff and co-defendant by counterclaim to apply under Federal Court Rule 397 with respect to subpoena relief sought before the prothonotary
  • Appeal dismissed in all other respects