Richter Gedeon Vegyészeti Gyar Rt v. Merck & Co. Inc.
T-2615-92
Muldoon J.
28/11/94
9 pp.
Defendants seeking production of three of plaintiff's employees to make discovery of corporate plaintiff, and of eight of nine inventors, who are assignors of Canadian patent, also plaintiff's employees, to submit to examination as assignors-Proposed place of examinations Budapest, Hungary-Asking Court to issue letter of request to Central District Court of Pest, requesting order compelling attendance, submission to examination for discovery-Motion dismissed-R. 456(2) providing where corporation to be examined for discovery, it (not adverse party) shall select informed officer to be examined on its behalf-No reason to doubt plaintiff's selections best qualified-Defendants must be content with plaintiff's selection unless can persuade plaintiff without compulsion to reconsider-If plaintiff's selections uninformed, defendants entitled to invoke R. 456(4), but presently premature-R. 456(5) providing where assignee party to action, assignor may also be examined for discovery-Despite Interpretation Act imparting mutuality of singular and plural, case law declaring because R. 456(5) expressed in singular, only one assignor may be examined-Scope of motion narrowed to request to examine only one assignor-Because of limited use to examining party, Court should be extra vigilant to prevent abuse of procedure-Court declining to order extra-territorial examination pursuant to R. 462(4) or pursuant to international convention unless and until defendants demonstrating genuine need to examine assignor, and designate which assignor appropriate-Federal Court Rules, C.R.C., c. 663, RR. 456, 462.