Fieldturf Inc. v. Triexe Management Group Inc.

Fieldturf Inc. v. Triexe Management Group Inc.

Motions were allowed in part: the defendants were ordered to provide specific limited particulars on enumerated paragraphs of their defences and counterclaims within 15 days; other requested particulars were refused as unnecessary; plaintiff was granted 20 days after filing of those particulars to serve and file its response and defence by counterclaim; no costs awarded due to divided outcome.

Citation
2005 FC 1478
Parties
Plaintiff/defendant to Counterclaim: Fieldturf Inc.; Defendant/plaintiff by Counterclaim: Triexe Management Group Inc.; Defendant/plaintiff by Counterclaim: Les Installations Sportives Defargo Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 November 2005
Procedural Posture
Civil / Motions for Further and Better Particulars Under Federal Courts Rules S.174 and S.181(2)
Outcome
Motions granted in part; specified particulars ordered; other particulars refused; no costs awarded; timelines set for compliance and for plaintiff to file its response and defence by counterclaim.
Legal Topics
Particulars, Federal Courts Rules S.174, Federal Courts Rules S.181(2)
Source Language
English
Civil Procedure Pleadings Particulars Federal Courts Rules S.174 Federal Courts Rules S.181(2)

Case Brief

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Parties

Fieldturf Inc.

Plaintiff/defendant to Counterclaim

Triexe Management Group Inc.

Defendant/plaintiff by Counterclaim

Les Installations Sportives Defargo Inc.

Defendant/plaintiff by Counterclaim

Procedural Posture

Civil / Motions for Further and Better Particulars Under Federal Courts Rules S.174 and S.181(2)

Legal Issues

  1. 1 Whether the defendants must provide further and better particulars to the plaintiff under s.174 and s.181(2) of the Federal Courts Rules
  2. 2 Scope and limits of particulars at the pleadings stage
  3. 3 Deadlines for filing ordered particulars and for the plaintiff to file its response and defence by counterclaim

Ratio Decidendi

Motions were allowed in part: the defendants were ordered to provide specific limited particulars on enumerated paragraphs of their defences and counterclaims within 15 days; other requested particulars were refused as unnecessary; plaintiff was granted 20 days after filing of those particulars to serve and file its response and defence by counterclaim; no costs awarded due to divided outcome.

Court Disposition

Motions granted in part; specified particulars ordered; other particulars refused; no costs awarded; timelines set for compliance and for plaintiff to file its response and defence by counterclaim.

Orders

  • Defargo to provide the following particulars within 15 days: (a) period during which Defargo's website contained the text cited at paragraph 15.2 of the Statement of Claim; (b) date when it was found that cryogenic rubber did not provide an appreciable advantage; (c) date the decision was made and identity of who...
  • Triexe to provide the following particulars within 15 days: (a) period during which Sportexe made a brochure containing the text cited at paragraph 15.3 of the Amended Statement of Claim available to the public; (b) date when it was found that cryogenic rubber did not provide an appreciable advantage; (c) for each...