Date: 20020923
Docket: A-19-02
Neutral citation: 2002 FCA 342
CORAM: ROTHSTEIN J.A.
BETWEEN:
JAGUAR CANADA INC. and
JAGUAR CARS LIMITED
Appellants
- and -
REMO IMPORTS LTD.
Respondent
Heard at Toronto, Ontario, on Monday, September 23, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Monday, September 23, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20020923
Docket: A-19-02
Neutral citation: 2002 FCA 342
CORAM: ROTHSTEIN J.A.
BETWEEN:
JAGUAR CANADA INC. and
JAGUAR CARS LIMITED
Appellants
- and -
REMO IMPORTS LTD.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Monday, September 23, 2002)
EVANS J.A.
[1] We are not persuaded that the Prothonotary was "clearly wrong" when he concluded that Questions 517 and 1151 were not relevant to the non-remedial issues in this litigation and therefore did not have to be answered. Nor are we persuaded that he was "clearly wrong" when he exercised his discretion not to require information previously provided to be updated as had been requested in follow-up Question 3 to Question 197.
[2] For these reasons, the appeal will be dismissed with costs in any event of the cause.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-19-02
STYLE OF CAUSE: JAGUAR CANADA INC. and
JAGUAR CARS LIMITED
Appellants
- and -
REMO IMPORTS LTD.
Respondent
DATE OF HEARING: MONDAY, SEPTEMBER 23, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS, J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, SEPTEMBER 23, 2002.
DATED: MONDAY, SEPTEMBER 23, 2002
APPEARANCES BY: Ms. Pauline Bosman
For the Appellants
Mr. Richard Uditsky
For the Respondent
SOLICITORS OF RECORD: J. Douglas Wilson
Ridout & Maybee
One Queen Street East
Suite 2400
Toronto, Ontario
M5C 3B1
For the Appellants
Richard Uditsky
Mendelsohn Rosentzveig Shacter
1000 Sherbrooke Street West
Montrèal, Québec
H3A 3G4
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20020923
Docket: A-19-02
BETWEEN:
JAGUAR CANADA INC. and
JAGUAR CARS LIMITED
Appellants
- and -
REMO IMPORTS LTD.
Respondent
REASONS FOR JUDGMENT
OF THE COURT