Samsonite Canada Inc. v. Costco Wholesale Corp.
T-500-92
Giles A.S.P.
10/11/92
5 pp.
Motion questioning adequacy of twice further amended statement of defence -- Counsel invoking provisions of R. 411, terms of order dated June 2, 1992 -- Order of June 2 enlarging time limit in R. 402(2)(a), not affecting provisions of R. 402(2)(b) -- No time limit for filing of twice further amended statement of defence -- Three changes in latter pleading from former: two additions, one change -- Neither of two additions mutually exclusive -- R. 411 not intended to prohibit expansion or better explanation of defence by amendment of latter-Amended pleading technically not inconsistent with earlier pleading as latter subsumed in and carried forward as part of amended pleading -- Particulars to be supplied of paragraphs 6 and 10 -- Twice further amended statement of defence struck with leave to amend -- Federal Court Rules, C.R.C., c. 663, RR. 402, 411.