Date: 20001027
Docket: T-2221-98
BETWEEN:
ROLLS-ROYCE PLC, ROLLS-ROYCE MOTOR CARS LIMITED
and BENTLEY MOTORS LIMITED
Plaintiffs
- and -
IAN D. FITZWILLIAM, ROLLS-ROYCE LIMITED,
ROLLS-ROYCE MOTOR CARS LIMITED, BENTLEY MOTORS LIMITED
Defendants
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] This is a motion for an order requiring the defendant Ian D. Fitzwilliam to produce answers to questions he refused to answer and undertakings he gave on his cross-examination taken October 10, 2000.
[2] And also, for an order requiring Mr. Fitzwilliam to attend further cross-examination following up on his answers provided to outstanding questions, within two weeks of the order issuing herefrom.
[3] The defendants are subject of an interim injunction issued by Madame Justice Hansen on September 19, 2000.
[4] That injunction was extended until October 31, 2000.
[5] The reason why the plaintiffs have brought a motion seeking an interlocutory injunction is because Mr. Fitzwilliam is making certain communications to third parties.
[6] Mr. Fitzwilliam served an affidavit and response to this motion on October 2, 2000.
[7] Mr. Fitzwilliam has filed an affidavit and was cross-examined on this affidavit on October 10, 2000.
[8] During the course of the cross-examination of Mr. Fitzwilliam, he refused to answer certain questions and gave a number of undertakings.
[9] The questions refused during the cross-examination relate entirely to the making of these communications and any responses received.
[10] The plaintiffs have convinced the Court that the answers to the questions refused are necessary to a just determination to the interlocutory injunction motion on the merits.
[11] For these reasons, THIS COURT ORDERS THAT:
| - The defendant Mr. Ian D. Fitzwilliam shall answer in writing the questions listed below by October 30, 2000. |
Questions:
| 864: Provide a copy of all cease and desist letters sent by Mr. Fitzwilliam. |
| 867: Provide a list of the names of people to whom cease and desist letters were sent by Mr. Fitzwilliam. |
| 875: Advise as to how many cease and desist letters were sent by Mr. Fitzwilliam, to whom the letters were sent and produce copies of the letters. |
| 877: Produce a copy of all written responses to the cease and desist letters sent by Mr. Fitzwilliam. |
| 908: Produce copies of any notes taken by Mr. Fitzwilliam of telephone conversations pursuant to the cease and desist letters sent by him. |
Those five questions are excerpts from the transcript of the cross-examination at pages 180 to 188.
| - If requested by the plaintiffs, Mr. Fitzwilliam should be compelled to submit to further cross-examination following up on his answers provided to the outstanding questions, within two weeks of the order issuing herefrom. |
| - The plaintiffs are entitled to costs at $300 payable forthwith. |
Pierre Blais
Judge
OTTAWA, ONTARIO
October 27, 2000