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A-253-80
Smith-Roles Ltd. and Clemence Roles, carrying on business under the firm name and style of Blanchard Foundry Co. Ltd., and under the trade name of Blanchard (Appellants)
v.
Flexi-Coil Ltd. (Respondent)
Court of Appeal, Thurlow C.J. and Hyde and Culliton D.JJ.—Toronto, May 27, 1981.
Jurisdiction Patent infringement action Appeal from a Trial Division decision to dismiss motion for declaration that settlement agreement in another action was illegal and void Appeal dismissed.
APPEAL. COUNSEL:
J. Guy Potvin for appellants.
L. T. Forbes, Q.C. and Gordon S. Clarke for
respondent.
SOLICITORS:
Scott & Aylen, Ottawa, for appellants. McCarthy & McCarthy, Toronto, for respondent.
The following are the reasons for judgment of the Court delivered orally in English by
THURLOW C.J.: We do not need to hear counsel for the respondent. While the judgment of the Trial Division [[1981] 1 F.C. 632] proceeds large ly on the basis that the Court was without jurisdic tion we do not find it necessary to express an opinion on that question. The merits of the appel lant's application have been fully discussed and assuming the Court has jurisdiction to deal with the subject-matter of the agreement we are satis fied that there are in law no grounds to support the application. The appeal is dismissed with costs.
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