Date: 19990412
Docket: A-335-98
CORAM: STRAYER J.A.
LINDEN J.A.
ROBERTSON J.A.
B E T W E E N:
COCA-COLA LTD. and COCA-COLA BOTTLING LTD.
Appellants
(Plaintiffs)
" and "
MUSAADIQ PARDHAN c.o.b. as UNIVERSAL EXPORTERS
1106972 ONTARIO LIMITED c.o.b. as UNIVERSAL EXPORTERS
and JOHN DOE and JANE DOE and
OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO
OFFER FOR SALE, SELL, EXPORT, OR DEAL IN
TRANSSHIPPED COCA-COLA PRODUCTS
Respondents
(Defendants)
HEARD at Toronto, Ontario on Tuesday, March 2, 1999
JUDGMENT delivered at Ottawa, Ontario on Monday, April 12, 1999
REASONS FOR JUDGMENT BY: STRAYER J.A.
CONCURRED IN BY: LINDEN J.A.
ROBERTSON J.A.
Date: 19990412
Docket: A-335-98
C O R A M: STRAYER J.A.
LINDEN J.A.
ROBERTSON J.A.
B E T W E E N:
COCA-COLA LTD. and COCA-COLA BOTTLING LTD.
Appellants
(Plaintiffs)
" and "
MUSAADIQ PARDHAN c.o.b. as UNIVERSAL EXPORTERS,
1106972 ONTARIO LIMITED c.o.b. as UNIVERSAL EXPORTERS,
and JOHN DOE and JANE DOE and
OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO
OFFER FOR SALE, SELL, EXPORT, OR DEAL IN
TRANSSHIPPED COCA-COLA PRODUCTS
Respondents
(Defendants)
REASONS FOR JUDGMENT
STRAYER J.A.
I. This appeal was heard at the same time as the appeal in A-869-97 and the facts are set out in the reasons for judgment in that appeal.
II. The order being appealed against here is one issued by MacKay J. on May 22, 1998 in which he dismissed the appellants' action and dissolved an interlocutory injunction previously obtained by the appellants on January 8, 1996 after commencing their action. The motions judge also ordered the respondents, notwithstanding the dissolution of the interlocutory injunction and the dismissal of the appellants' action, to maintain an accounting in respect of the export of goods bearing the trade-marks in question. It is clear from that order that this information was to be maintained and produced if the appeal in file A-869-97 were allowed and the action reinstated. Certain other dispositions were made as to costs which have not been the subject of any submissions to us and which in my view can be left as they are.
III. As the appeal in A-869-97 is being dismissed with the result that the statement of claim remains struck out, there is no basis for setting aside the order of MacKay J. dismissing the action and dissolving the injunction. Lest there be any uncertainty, his directions in paragraphs 3 and 4 of his order concerning accounting are terminated as of the date of judgment in this appeal.
IV. The appeal will be dismissed with costs.
J.A.
I agree:
A.M. Linden J.A.
I agree:
J.T. Robertson J.A.