T-1813-96
PRESENT: THE HONOURALE MR. JUSTICE HUGESSEN
B E T W E E N :
WEST COAST ENGINEERING LTD. and
NONAD PLASTIC PRODUCTS LTD.
Plaintiffs
- and -
J.A. INDUSTRIES (CANADA) LTD., ALEXANDER MICHIE and
ROBERT WAYNE KNIGHT
Defendants
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario,
Wednesday, June 25, 1997)
This application seeks;
| 1) to strike out that part of the claim relating to the individual defendants Michie and Knight; and |
| 2) to oblige the plaintiff to furnish certain particulars as to the details of the item manufactured by it and said by it not to infringe the defendant's patent. |
As to the first part of the motion, it is not plain and obvious to me that no proper cause of action under section 7(a) of the Trade-marks Act is pleaded against the individual defendants. The fact that they may have been acting for the corporate defendant does not relieve them from the consequences of their personal actions if those actions are tortious. The Statement of Claim alleges particular activities by each of them which, if proved, could meet the test for personal liability laid down by Mr. Justice LeDain, then of the Court of Appeal, in the case of Mentmore v. National Merchandising, reported at 40, Canadian Patent Reporter 2nd, page 164. The fact that the statements are alleged to have been made with respect to a then pending and subsequently issued Canadian patent is quite enough in my view to bring them within the scheme of federal legislative competence to "round out" the industrial property legislation.
As to the request for particulars, while what is sought by defendant had not been made clear prior to the hearing of the application today, I am nonetheless satisfied that it is entitled to have the plaintiff describe in detail the plaintiff's junction boxes which are said by it not to infringe the defendant's patent.
"James K. Hugessen"
J.
Ottawa, Ontario,
Wednesday, June 25, 1997
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-1813-96
STYLE OF CAUSE: WEST COAST ENGINEERING LTD. ET AL -AND- J. A. INDUSTRIES (CANADA) LTD. ET AL
PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: JUNE 25, 1997 REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE HUGESSEN DATED: JUNE 25, 1997
APPEARANCES:
Mr. Bruce Green FOR PLAINTIFF
Mr. Eugene F. Derényi FOR DEFENDANT
SOLICITORS OF RECORD:
Oyen Wiggs Green & Mutala FOR PLAINTIFF Vancouver, B.C.
McFadden, Fincham FOR DEFENDANT
Ottawa, Ontario