Peerless Limited v. Aspen Custom Trailers Inc.

Peerless Limited v. Aspen Custom Trailers Inc.

The pleaded paragraphs set out material facts sufficient to inform the defendants of the nature of the case they must meet; particulars beyond what was pleaded are not required at this interlocutory stage because the defendants are in a superior position to provide detailed timing and circumstances and discovery is the appropriate mechanism for detailed proof. Therefore the motion for particulars is dismissed, leave to file a Reply is granted, and costs are in the cause.

Citation
2008 FC 957
Parties
Plaintiff; Defendant by Counterclaim: Peerless Limited; Defendant; Plaintiff by Counterclaim: Aspen Custom Trailers Inc.; Defendant; Plaintiff by Counterclaim: Aspen Trailer Company Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 August 2008
Procedural Posture
Patent Infringement / Interlocutory Motion for Particulars (pre Trial)
Outcome
Motion dismissed; leave to file Reply granted; costs in the cause
Legal Topics
Public Disclosure (s.28.2), Particulars, Pleadings, Discovery, Interlocutory Relief, Costs
Source Language
English
Patent Law Intellectual Property Civil Procedure Public Disclosure (s.28.2) Particulars Pleadings Discovery Interlocutory Relief +1 more

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Parties

Peerless Limited

Plaintiff; Defendant by Counterclaim

Aspen Custom Trailers Inc.

Defendant; Plaintiff by Counterclaim

Aspen Trailer Company Ltd.

Defendant; Plaintiff by Counterclaim

Procedural Posture

Patent Infringement / Interlocutory Motion for Particulars (pre Trial)

Legal Issues

  1. 1 Whether particulars are required for paragraphs 3 and 4 of the Reply and Defence to Counterclaim
  2. 2 Whether the pleading adequately alleges material facts regarding knowledge/public disclosure
  3. 3 Whether evidence is required to support a motion for particulars at this stage

Ratio Decidendi

The pleaded paragraphs set out material facts sufficient to inform the defendants of the nature of the case they must meet; particulars beyond what was pleaded are not required at this interlocutory stage because the defendants are in a superior position to provide detailed timing and circumstances and discovery is the appropriate mechanism for detailed proof. Therefore the motion for particulars is dismissed, leave to file a Reply is granted, and costs are in the cause.

Court Disposition

Motion dismissed; leave to file Reply granted; costs in the cause

Orders

  • The defendants\' motion for particulars is dismissed
  • The defendants are granted leave to file a Reply to the Defence to Counterclaim within 15 days of the date of this Order