Date: 19990722
Docket: T-2001-98
BETWEEN:
SCOTT PAPER LIMITED
Plaintiff
- and -
CONVERPRO INC.
Defendant
REASONS FOR ORDER AND ORDER
GILES A.S.P.
| [1] No adequate excuse or reason having been shown for delay in filing a defence after settlement negotiations terminated, the motion for leave to file a defence will be dismissed. |
| [2] The motion for judgment in default of a defence for the relief claimed in the statement of claim will be separately granted in a form which makes it clear that the only passing off restrained will be passing off by the use of intellectual property. |
ORDER
The motion to file a defence is dismissed.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 22, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-2001-98 |
| STYLE OF CAUSE: SCOTT PAPER LIMITED |
| - and - |
| CONVERPRO INC. |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
DATED: THURSDAY, JULY 22, 1999
SOLICITORS OF RECORD: Gowling, Strathy & Henderson
Barristers & Solicitors
Suite 4900, Commerce Court West
Toronto, Ontario
M5J 1J3
| For the Plaintiff |
Blake, Cassels & Graydon
Barristers & Solicitors
Box 25, Commerce Court West
Toronto, Ontario
M5L 1A9
For the Defendant
| FEDERAL COURT OF CANADA |
Date: 19990722
Docket: T-2001-98
Between:
| SCOTT PAPER LIMITED |
Plaintiff
| - and - |
| CONVERPRO INC. |
Defendant
| REASONS FOR ORDER |
| AND ORDER |