Gainers Inc. v. Robin Hood Multifoods Inc.
T-143-92
MacKay J.
4/4/96
14 pp.
Application for order requiring defendant to provide copies of all relevant documents not subject to privilege-Application by defendant for confidentiality order, order staying proceedings until at least three months after disposition by Trade-marks Opposition Board, order striking out statement of claim and order requiring plaintiff to deliver better affidavit of documents-Order for confidentiality of documents and for disclosure of documents to go on basis of submissions of coun sel-Application for order to strike statement of claim adjourned to allow plaintiff to file amended statement of claim-Application for stay dismissed but directing no discovery until at least two weeks after disposition by Trade-marks Opposition Board-On matter of delivery of better affidavit of documents, plaintiff claims right to elect damages or an accounting of profits in trade mark violation action-Argues neither issue relevant until election made and defendant not entitled to full disclosure on document discovery established by Rule 448-Defendant argues unless election made by plaintiff to seek accounting, issue of damages before Court and relevant documents should be disclosed-Plaintiff submits full disclosure required at later stage, after determination of infringement and confusion issues-Rule 480 permits Court to order reference after trial on, among others, issue of damages if either party wishes to proceed to trial without adducing evidence on issue-Court holding where relief pleaded in alternative, both issues before Court until plaintiff makes election-Defendant entitled to full disclosure at this stage on issue of damages but plaintiff entitled to similar order on issue of accounting of profits-If parties agree limited disclosure would serve interests at this stage, would not be contrary to spirit of Rule and could be so ordered-Federal Court Rules, C.R.C., c. 663, RR. 448, 480.