A-492-75; A-493-75
IBM Canada Limited—IBM Canada Limitée
(Appellant)
v.
Xerox of Canada Limited and Xerox Corporation
(Respondents)
Court of Appeal, Pratte, Urie and Le Damn JJ.—
Ottawa, January 9, 1976.
Practice—Appeal—Dismissal by Trial Judge of applica-
tions—Proper exercise of discretion—Appeal dismissed.
APPEAL.
COUNSEL:
R. S. Smart, Q.C., and D. A. Hill for
appellant.
D. F. Sim, Q.C., and R. T. Hughes for
respondents.
SOLICITORS:
Smart & Biggar, Ottawa, for appellant.
D. F. Sim, Q.C., Toronto, for respondents.
The following are the reasons for judgment of
the Court delivered orally in English by
PRATTE J.: We do not need to hear you Mr. Sim
and Mr. Hughes.
Without agreeing that all the reasons given by
the Trial Judge were proper criteria for the exer
cise of his discretion, we are of the view that,
having found on the evidence that there was not a
reasonable probability that the order sought would
be effective, he made a proper exercise of his
discretion in dismissing the application'.
The appeal will, therefore, be dismissed with
costs.
1 [1976] 1 F.C. 213.
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