A Lassonde Inc. v. Sun Pac Foods Ltd.

A Lassonde Inc. v. Sun Pac Foods Ltd.

The amended statement of claim filed February 28, 2000 exceeded the limited amendment authorized by the Court on February 22, 2000 (only an election for an accounting of profits), improperly added punitive damages and references to settlement discussions contrary to earlier rulings; to preserve fairness and case management the Court struck out the February 28, 2000 amended pleading, restored the pleadings to their February 22, 2000 state with the specific election for an accounting of profits, definitively closed the written pleadings and awarded costs.

Citation
2002 FCT 47
Parties
Plaintiff (defendant by Counterclaim): A. Lassonde Inc.; Defendant (plaintiff by Counterclaim): Sun Pac Foods Limited
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 January 2002
Procedural Posture
Trade Marks Dispute / Interlocutory Motions (motion to Strike/amend Pleadings) and Case Management Order
Outcome
Plaintiff's motion to amend dismissed; Defendant's motion to strike out allowed in part; the amended statement of claim filed February 28, 2000 struck out; pleadings restored to the February 22, 2000 statement with paragraph 19 deemed to elect an accounting of profits; written pleadings definitively closed; costs...
Legal Topics
Strike Out, Amendment of Pleadings, Case Management, Costs, Examinations for Discovery, Accounting of Profits, Punitive Damages
Source Language
English
Intellectual Property Trade Marks Civil Procedure Strike Out Amendment of Pleadings Case Management Costs Examinations for Discovery +2 more

Case Brief

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Parties

A. Lassonde Inc.

Plaintiff (defendant by Counterclaim)

Sun Pac Foods Limited

Defendant (plaintiff by Counterclaim)

Procedural Posture

Trade Marks Dispute / Interlocutory Motions (motion to Strike/amend Pleadings) and Case Management Order

Legal Issues

  1. 1 Whether the plaintiff was authorized to file amendments beyond an election for an accounting of profits pursuant to the Court's February 22, 2000 order
  2. 2 Whether late additions alleging punitive damages and referencing settlement discussions are permissible
  3. 3 Whether the amended statement of claim filed February 28, 2000 should be struck out and pleadings closed

Ratio Decidendi

The amended statement of claim filed February 28, 2000 exceeded the limited amendment authorized by the Court on February 22, 2000 (only an election for an accounting of profits), improperly added punitive damages and references to settlement discussions contrary to earlier rulings; to preserve fairness and case management the Court struck out the February 28, 2000 amended pleading, restored the pleadings to their February 22, 2000 state with the specific election for an accounting of profits, definitively closed the written pleadings and awarded costs.

Court Disposition

Plaintiff's motion to amend dismissed; Defendant's motion to strike out allowed in part; the amended statement of claim filed February 28, 2000 struck out; pleadings restored to the February 22, 2000 statement with paragraph 19 deemed to elect an accounting of profits; written pleadings definitively closed; costs...

Orders

  • Amended statement of claim filed February 28, 2000 is struck out.
  • For the purposes of this case the plaintiff's statement of claim is deemed to be the one existing on February 22, 2000, except that for paragraph 19 the plaintiff is deemed to have opted for an accounting of the defendant's profits.