A. Lassonde Inc. v. Sun Pac Foods Ltd.

A. Lassonde Inc. v. Sun Pac Foods Ltd.

Only the specific undertakings identified by the defendant and discussed in correspondence and motion filings remained in issue; the Court found the plaintiff had provided information available for many undertakings and was not required to provide further answers except that the plaintiff must conduct limited research and answer undertakings 5, 6 and 21 within 30 days; other listed undertakings were deemed adequately answered; motion otherwise dismissed and success divided with no costs.

Citation
2004 FC 368
Parties
Plaintiff (defendant to Counterclaim): A. Lassonde Inc.; Defendant (plaintiff by Counterclaim): Sun Pac Foods Limited
Court
Federal Court
Jurisdiction
Canada
Judgment Date
10 March 2004
Procedural Posture
Trade Marks Dispute / Interlocutory Motion to Compel Compliance With Undertakings Following Examinations for Discovery
Outcome
Motion partially allowed. Plaintiff required to perform limited research and answer undertakings 5, 6 and 21 within 30 days; other specified undertakings deemed satisfied; success divided; no costs awarded.
Legal Topics
Trademarks, Discovery, Undertakings, Case Management, Interlocutory Motions
Source Language
English
Intellectual Property Civil Procedure Trademarks Discovery Undertakings Case Management Interlocutory Motions

Case Brief

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Parties

A. Lassonde Inc.

Plaintiff (defendant to Counterclaim)

Sun Pac Foods Limited

Defendant (plaintiff by Counterclaim)

Procedural Posture

Trade Marks Dispute / Interlocutory Motion to Compel Compliance With Undertakings Following Examinations for Discovery

Legal Issues

  1. 1 Whether the plaintiff complied with the April 24, 2001 order to answer undertakings and questions arising from examinations for discovery
  2. 2 Whether specific undertakings (nos. 5,6,15,16,17,19,21,22-25,28,46) remain outstanding and require further answers
  3. 3 Whether the defendant may expand the motion to include unanswered questions in addition to undertakings

Ratio Decidendi

Only the specific undertakings identified by the defendant and discussed in correspondence and motion filings remained in issue; the Court found the plaintiff had provided information available for many undertakings and was not required to provide further answers except that the plaintiff must conduct limited research and answer undertakings 5, 6 and 21 within 30 days; other listed undertakings were deemed adequately answered; motion otherwise dismissed and success divided with no costs.

Court Disposition

Motion partially allowed. Plaintiff required to perform limited research and answer undertakings 5, 6 and 21 within 30 days; other specified undertakings deemed satisfied; success divided; no costs awarded.

Orders

  • Plaintiff to conduct research and answer undertaking 5 within thirty (30) days of this order
  • Plaintiff to conduct research and answer undertaking 6 within thirty (30) days of this order