Date: 20011024
Docket: T-1724-00
Neutral citation: 2001 FCT 1158
BETWEEN:
BUFFALO-EASTCANTRA INC.
Plaintiff
and
THE BUSINESS DEPOT LTD.
Defendant
RICHARD MORNEAU, ESQ., PROTHONOTARY
[1] This is a motion by the Plaintiff under Rule 221(1)(a) for an order striking out paragraph 15 of the Defendant Statement of Defence and Counterclaim (hereinafter paragraph 15).
[2] As it appeared during the hearing of a similar motion in file T-1875-00 (see Order of same day in said file), the particulars provided on May 30, 2001 by the Plaintiff therein should be made part and parcel of paragraph 15. Therefore, for the reasons developed in file T-1875-00 with respect to paragraph 3 therein, I shall not order here the strike out of paragraph 15. However, the Defendant here shall have ten (10) days from the date of this Order to serve on the Plaintiff the particulars referred to hereinbefore.
[3] As the Defendant cannot be considered a clear winner under this motion, no costs are allowed.
[4] The Plaintiff shall have fifteen (15) days from the date of this Order to serve and file its Reply and Defence to Counterclaim.
Richard Morneau
Prothonotary
Montreal, Quebec
October 24, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20011024
Docket: T-1724-00
BETWEEN:
BUFFALO-EASTCANTRA INC.
Plaintiff
and
THE BUSINESS DEPOT LTD.
Defendant
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1724-00
STYLE OF CAUSE:
BUFFALO-EASTCANTRA INC.
Plaintiff
and
THE BUSINESS DEPOT LTD.
Defendant
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: October 23, 2001
REASONS FOR ORDER AND ORDEROF: RICHARD MORNEAU, ESQ., PROTHONOTARY
DATED: October 24, 2001
APPEARANCES:
|
Mr. Christian Bolduc |
FOR THE PLAINTIFF |
|
Mr. Bruce W. Stratton |
FOR THE DEFENDANT |
SOLICITORS OF RECORD:
|
Smart and Biggar Montreal, Quebec |
FOR THE PLAINTIFF |
|
Dimock Stratton Clarizio Toronto, Ontario |
FOR THE DEFENDANT |