Date: 19980302
Docket: T-1438-96
MONTRÉAL, QUEBEC, THE 2nd DAY OF MARCH 1998
PRESENT: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
HÉNEAULT ET GOSSELIN INC.,
Plaintiff,
AND:
LES ENTREPRISES P.F. ST-LAURENT INC.
-and-
PIERRE ST-LAURENT,
Defendants.
Motion by the defendants for an order:
| 1. DIRECTING the plaintiff to produce the work "devis de présentation", on which it relied to obtain the infringement judgments dated January 22, 1996 and September 18, 1996; |
| 2. DIRECTING the plaintiff to specify the significant infringed portions of the document "devis de présentation"; |
| 3. DIRECTING the plaintiff to limit the assessment of its damages to the period of January 22, 1996 to September 18, 1996; |
| 4. DIRECTING that the defendants be relieved from the obligation to produce certain documents; |
| 5. DIRECTING that the obligation to produce certain documents be limited to the period of January 22, 1996 to September 18, 1996; |
| 6. DIRECTING the nomination of a referee or any other person designated by the Administrator of the Court to assess the damages; |
The whole with costs in the cause, depending on the outcome of the reference.
[Rules 480, 500, 501 of the Federal Court Rules]
ORDER AND REASONS
The motion is dismissed with costs in the cause.
In their motion, the defendants ask me, inter alia, to order that argument on the quantum of the damages sought by the plaintiff be limited to the period of January 22, 1996 to September 18, 1996. This part of the motion is the result of objections made by counsel for the plaintiff during the defendants" examination of the plaintiff on February 11, 1998. Based on the statement of claim in the case at bar and Prothonotary Morneau"s judgment dated September 18, 1996, I cannot agree with the defendants" submission. The plaintiff is entitled to damages for the infringement of its copyright as alleged in the statement of claim and confirmed in the judgment of September 18, 1996.
As for the defendants" request to be relieved from production of the documents required by the plaintiff in the direction to attend, I consider it premature. If the plaintiff requests the production of these documents during the examination of Pierre St-Laurent, the defendants may object at that time if appropriate, for whatever reasons they consider relevant.
It is of course unnecessary to order that the relevant documents be [TRANSLATION] "related" to the period of January 22, 1996 to September 18, 1996.
Marc Nadon
Judge
Certified true translation
M. Iveson
Date: 19980302
Docket: T-1438-96
MONTRÉAL, QUEBEC, THE 2nd DAY OF MARCH 1998
PRESENT: THE HONORABLE MR. JUSTICE NADON
BETWEEN:
HÉNEAULT ET GOSSELIN INC.,
Plaintiff,
AND:
LES ENTREPRISES P.F. ST-LAURENT INC.
-and-
PIERRE ST-LAURENT,
Defendants.
ORDER AND REASONS
On February 18, 1998, the plaintiff served a direction to attend on Pierre F. St-Laurent. According to the direction, Mr. St-Laurent was to appear at 10:00 a.m. on February 24, 1998 at 30 McGill St., Montréal, to be examined by the plaintiff. Mr. St-Laurent and his counsel refused to attend on the ground that they could not [TRANSLATION] "comply with your duces tecum . . . ." In my view, this was not a valid reason. If Mr. St-Laurent did not have enough time to obtain the documents required by the plaintiff, he need only have appeared at the examination and explained why he did not have the documents with him.
In these circumstances, the plaintiff is entitled to receive from the defendants, as costs, the cost of service of the direction to attend and fees paid to the stenographer hired for February 24, 1998.
As for the examination of Mr. St-Laurent, he shall be examined by the plaintiff no later than March 31, 1998. The defendants shall do everything necessary to enable the plaintiff to examine Mr. St-Laurent within this period.
Marc Nadon
Judge
Certified true translation
M. Iveson
FEDERAL COURT - TRIAL DIVISION
Date: 19980302
Docket: T-1438-96
Between: HÉNEAULT ET GOSSELIN INC.,
Plaintiff,
AND:
LES ENTREPRISES P.F. ST-LAURENT
INC. -and-
PIERRE ST-LAURENT,
Defendants.
ORDER AND REASONS
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-1438-96
STYLE OF CAUSE: HÉNEAULT ET GOSSELIN INC.,
Plaintiff,
AND:
LES ENTREPRISES P.F. ST-LAURENT INC.
-and-
PIERRE ST-LAURENT,
Defendants.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: March 2, 1998
REASONS FOR ORDER BY THE HONOURABLE MR. JUSTICE NADON
DATE OF REASONS FOR ORDER: March 2, 1998
APPEARANCES:
Laurent Carrière for the plaintiff
André Demers for the defendants
SOLICITORS OF RECORD:
Léger Robic Richard for the plaintiff
Montréal, Quebec
Demers Leduc for the defendants
St-Lambert, Quebec