Date: 19980318
Docket: T-323-97
Between:
HAVANA HOUSE CIGAR & TOBACCO MERCHANTS LTD.
and EMPRESSA CUBANA DEL TABACO trading as
CUBATABACO and HABANOS S.A.
Plaintiffs
- and -
MARINO NAEINI carrying on business as
PACIFIC TOBACCO, PACIFIC CIGARS and PACIFIC TOBACCO & CIGARS and OREX COMMUNICATIONS LTD. carrying on business as
PACIFIC TOBACCO & CIGARS, PACIFIC TOBACCO and
PACIFIC CIGAR and TOBACCO CORP. carrying on business as
PACIFIC CIGAR and PACIFIC TOBACCO and
FARAH KASHEFI, carrying on business as
PACIFIC TOBACCO and PACIFIC TOBACCO & CIGARS and
ASA CIGAR CONNOISSEUR CORP., carrying on business as CIGAR CONNOISSEUR
Defendants
REASONS FOR ORDER AND ORDER
McKEOWN, J.:
[1] These are the reasons for the order.
[2] In paragraph 6, Mr. Hargrave, Prothonotary, set out the factors which permit the Defendants to bring the present motion. I am satisfied that any error in the factors is not material. While it is true that the same junior counsel is still involved, it is not clearly wrong to state that a new firm is retained. Senior counsel changed and it is senior counsel who determine strategy. There is no error of fact or law. The Prothonotary was making a discretionary decision and, in my view, there were facts which support the exercise of his discretion with respect to the motion for particulars. This part of the motion is dismissed.
[3] The Plaintiffs also appeal the order permitting cross-examination of the deponents of the Plaintiffs' affidavits of documents. I am in agreement with the Prothonotary's reasons for this part of his order. His finding in paragraph 20 of the decision meets the requirements of Rule 453 since the affidavits of documents are deficient. Accordingly, the motion in respect of the cross-examination of the deponents of the Plaintiffs is dismissed.
ORDER
The motion is dismissed with costs.
"W.P. McKeown"
Judge
Toronto, Ontario
March 18, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: T-323-97
| STYLE OF CAUSE: HAVANA HOUSE CIGAR & TOBACCO MERCHANTS LTD., ET AL. |
- and -
MARINO NAEINI ET AL.
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: McKEOWN, J.
DATED: MARCH 18, 1998
SOLICITORS OF RECORD:
Sim, Hughes, Ashton & McKay
Barristers and Solicitors
6th Floor
330 University
Toronto, Ontario
M5G 1R7
For the Plaintiffs
Smart & Biggar
Barristers & Solicitors
Box 11560, Vancouver Centre
650 West Georgia, Suite 2200
Vancouver, British Columbia
V6B 1N8
For the Defendants
FEDERAL COURT OF CANADA
Date: 19980318
Docket: T-323-97
Between:
| HAVANA HOUSE CIGAR & TOBACCO MERCHANTS LTD., ET AL. |
Plaintiffs
- and -
MARINO NAEINI ET AL.
Defendants
REASONS FOR ORDER AND ORDER