Date: 19990629
Docket: T-696-97
MONTRÉAL, QUEBEC, JUNE 29, 1999
BEFORE: DUBÉ J.
BETWEEN: PIERRE DESROCHERS
- and -
NOVATECH FABRICATION INC.,
Plaintiffs,
AND:
ROBERT MALTAIS
- and -
PLASTIQUE ROBERT,
Defendants.
Motion by the plaintiff for:
| (A) AN ORDER TO BE MADE pursuant to Rules 96(2) and (3) and 97 of the Federal Court Rules (1998) requiring the defendants to file certain of the documents requested by a direction to attend duly served on Robert Maltais on June 10, 1998, namely: |
| 1. the personal tax returns of Robert Maltais for 1995, 1996 and 1997; |
| 2. the bank account statements (or bank books) of Plastiques Robert Enr. for 1995, 1996 and 1997; |
| 3. a list of the customers of Plastiques Robert Enr. including their coordinates (address and telephone number) as mentioned in the invoices of Schedule 1, paragraph 4 of the affidavit of documents of the defendant Robert Maltais, as appears from the record of the Court; |
| (B) AN ORDER BE MADE pursuant to Rule 97 of the Federal Court Rules (1998), requiring the defendants to pay the costs of the examination for discovery held on June 22, 1998; |
| (C) IN THE EVENT OF FAILURE to provide counsel for the plaintiff with a copy of the documents mentioned in conclusion (A) and comply with the order requested in conclusion (A), the defendants be held guilty of contempt of court pursuant to Rule 98 of the Federal Court Rules (1998); |
| (D) ANY OTHER ORDER BE MADE which this Court considers useful and appropriate in the circumstances, |
the whole with costs against the defendants.
[Rules 96(2), 96(3) and 97 of the Federal Court Rules (1998)]
REASONS FOR ORDER AND ORDER
[1] The plaintiffs must file the personal tax returns of Robert Maltais for 1995, 1996 and 1997, as those documents may be relevant to the hearing. The defendants may require that the documents be preserved under confidential seal for scrutiny by counsel for the plaintiff and the Court only.
[2] As the bank account statements (or bank books) of Plastique Robert Enr. for 1995, 1996 and 1997 have been destroyed, the defendants will have to obtain from the Caisse the relevant extracts from the ledger and submit them to the plaintiff.
[3] The plaintiff is not entitled to require production of a document which must be prepared by the witness at the examination as no such list exists. Additionally, the plaintiff limited his request at the hearing, and is now only asking for particulars regarding the names and addresses appearing on the invoices already filed. According to the Rules of this Court the applicant is not free to amend his own motion during a proceeding in this way without leave from the Court or consent by the other party. However, he may obtain such particulars at the examination by questioning the defendant receipt by receipt if the defendant refuses to provide the clarifications sought in writing.
[4] Whereas this case has already been dealt with by a judge and a prothonotary, it is in the interests of justice for both parties to request the holding of a pre-trial conference and consider the possibility of settling the matter and the feasibility of proceeding to mediation.
[5] Costs to follow.
| J.E. Dubé Judge |
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT TRIAL DIVISION Date: 19990629 Docket: T-696-97 BETWEEN: PIERRE DESROCHERS - and - NOVATECH FABRICATION INC., Plaintiffs, AND: ROBERT MALTAIS - and - PLASTIQUE ROBERT, Defendants. REASONS FOR ORDER AND ORDER |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-696-97
STYLE OF CAUSE: PIERRE DESROCHERS
- and -
NOVATECH FABRICATION INC.,
Plaintiffs,
AND:
ROBERT MALTAIS
- and -
PLASTIQUE ROBERT,
Defendants.
PLACE OF HEARING: Montréal, Quebec
| DATE OF HEARING: June 28, 1999 |
REASONS FOR ORDER BY: DUBÉ J.
DATE: June 29, 1999
APPEARANCES:
| Sylvie Lequin for the plaintiffs |
| François Grenier for the defendants |
SOLICITORS OF RECORD:
Bélanger, Sauvé for the plaintiffs
Montréal, Quebec
Léger, Robic, Richard for the defendants
Montréal, Quebec