MARVEL CHARACTERS INC. ET AL v. RANDY RIVER INC.
Summary of T-1962-01
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Copyright Infringement [Actions]
Parties and Lawyers:Party | Firm | Lawyer |
---|---|---|
MARVEL CHARACTERS INC | Bereskin & Parr LLP | JARVIS TONUS, JILL |
MARVEL ENTERTAINMENT GROUP INC | ||
RANDY RIVER INC |
Name | Number |
---|---|
WOLVERINE | |
THE PUNISHER | |
VENOM | |
GHOST RIDER |
Docket Summary (Google Translate to English)
() 2003-10-28 - OttawaAcknowledgment of Receipt received from Stephanie K. Dale for Bereskin & Parr (soliciotr for the Plaintiffs) with respect to cheque in the amount of $26,049.23 placed on file on 28-OCT-2003
Certified French language Translation of Reasons for Order and Order rendered on 20-AUG-2003 by Roger Lafrenière, Esq., Prothonotary filed on 18-NOV-2003 pursuant to s. 20 of the Official Languages Act. Copy of Translation of Reasons for Order and Order entered in J. & O. Book, volume 835 page(s) 345 - 353
Judgment dated 30-SEP-2003 rendered by The Honourable Madam Justice Layden-Stevenson Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 19-AUG-2003 Result: Final Judgment. Filed on 30-SEP-2003 certified copies sent to parties entered in J. & O. Book, volume 830 page(s) 129 - 131 Final Decision
Order dated 30-SEP-2003 rendered by The Honourable Madam Justice Layden-Stevenson Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 19-AUG-2003 Result: The sum of $25,000.00 Canadian currency paid into Court as security for the Defendant's costs on January 10, 2002, together with all interest that may have accumulated thereon, be paid out of Court to "Bereskin & Parr, In Trust." Filed on 30-SEP-2003 certified copies sent to parties entered in J. & O. Book, volume 830 page(s) 127 - 128 Interlocutory Decision
Consent on behalf of Plaintiff Defendant to an order attached as schedule A filed on 26-SEP-2003
Consent on behalf of Plaintiff Defendant to a judgment in the form attached filed on 26-SEP-2003
Letter from Plaintiff dated 19-AUG-2003 re: consent to judgment and consent to order received on 26-SEP-2003
Reasons for Order and Order dated 20-AUG-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 24 Result: granted in part Filed on 20-AUG-2003 certified copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 827 page(s) 30 - 31
Memorandum to file from ottawa dated 27-AUG-2003 Tab #4 of Motion Record Doc #34 has been sealed pursuant to the order of 20-AUG-2003 by Roger Lafrenière, Esq, Prothonotary placed on file.
****** CANCELLED ****** Certificate of Order rendered by Roger Lafrenière, Esq., Prothonotary on 20-AUG-2003 endorsed on the record on . received in the Registry on 20-AUG-2003 issued to parties Matter considered with personal appearance concerning Motion in writing Doc. No. 24 Result: granted in part Copy of Certificate placed on file and entered in J. & O. Book, volume 825 page(s) 338 - 339 Transmittal Letters placed on file. Interlocutory Decision
Order dated 20-AUG-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 31 Result: granted in part: 1.Counsel for the Plaintiffs shall write to counsel for the Defendant listing documents, or categories of documents, that they believe should be included in the Defendant's Affidavit of Documents 2. Counsel for the Defendant shall consult with the Defendant to confirm that searches of all relevent documents have been conducted, and that such documents have been listed in the Defendant's Affidavit of Documents. If that is not the case, the Defendant shall file a Supplementary Affidavit on or before September 30, 2003, listing such documents in the appropriate schedules. 3. The Defendant's production documents, which were filed by the Plaintiff at tab 4 of the Plaintiffs' Motion Record shall be sealed and treated as confidential pursuant to Rule 151 of the Federal Court Rules, 1998. 4. Costs of the motion shall be in the cause, fixed at $750.00. Filed on 20-AUG-2003 certified copies sent to parties entered in J. & O. Book, volume 825 page(s) 311 - 313 Interlocutory Decision
Toronto 11-AUG-2003 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Motion Doc. No. 24 on behalf of Defendant Result of Hearing: Matter partially granted Before the Court: Motion Doc. No. 31 on behalf of the Plaintiffs Result of Hearing: Matter partially granted held in Court Senior Usher: Dave Patterson Duration per day: 11-AUG-2003 from 10:23 to 10:56 Courtroom : Courtroom No. 4 - Toronto Court Registrar: Mavis Griffith Total Duration: 32min Appearances: Mark Biernacki & Mark Evans 416-593-5514 representing Defendant Mark Robbins 416-365-7311 representing the Plaintiffs Draft Decision to be submitted by both Defendant & Plaintiffs Minutes of Hearing entered in Vol. 637 page(s) 127 - 133 Abstract of Hearing placed on file
Correction to General Sitting concerning Motion Doc. No. 26 Hearing removed from General Sitting at Toronto on 08-AUG-2003 Reason for correction: Notice of Motion entered twice in error
Solicitor's certificate of service on behalf of Mark Biernacki confirming service of doc 43 upon Defendant by courier on 08-AUG-2003 filed on 08-AUG-2003
Motion Record in response to Motion Doc. No. 24 containing the following original document(s): 41 42 Number of copies received: 3 on behalf of Defendant filed on 08-AUG-2003
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 24 filed on 08-AUG-2003
Affidavit of Mark Biernacki sworn on 08-AUG-2003 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 24 with Exhibits a-c filed on 08-AUG-2003
Solicitor's certificate of service on behalf of Mark Robbins confirming service of doc 39 upon Defendant by courier on 08-AUG-2003 filed on 08-AUG-2003
Motion Record in response to Motion Doc. No. 31 containing the following original document(s): 36 37 38 Number of copies received: 3 on behalf of Plaintiff filed on 08-AUG-2003
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 31 filed on 08-AUG-2003
Affidavit of Gina Best sworn on 08-AUG-2003 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 31 with Exhibits a filed on 08-AUG-2003
Affidavit of Judy Burns sworn on 06-AUG-2003 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 31 filed on 08-AUG-2003
Solicitor's certificate of service on behalf of Mark L. Robbins confirming service of Doc. 34 upon on the solicitor for the Defendant by personal service on 06-AUG-2003 filed on 06-AUG-2003
Motion Record containing the following original document(s): 31 32 33 Number of copies received: 3 on behalf of the plaintiffs filed on 06-AUG-2003
Written Representations contained within a Motion Record on behalf of the Plaintiffs concerning Motion Doc. No. 31 filed on 06-AUG-2003
Affidavit of Judy Burns sworn on 06-AUG-2003 contained within a Motion Record on behalf of the plaintiffs in support of Motion Doc. No. 31 with Exhibits A,B filed on 06-AUG-2003
Notice of Motion contained within a Motion Record on behalf of the Plaintiffs returnable at General Sitting in Toronto on 11-AUG-2003 to begin at 09:30 duration: 20min language: E for for an Order requiring the Defendant Randy River Inc. to serve and file an accurate or complete affidavit of documents; other relief Mark L. Robbins (416)364-7311 filed on 06-AUG-2003
Affidavit of service of Dale L. Maw sworn on 06-AUG-2003 on behalf of Defendant confirming service of Doc 29 upon the Plaintiffs by personal service on 06-AUG-2003 filed on 06-AUG-2003
Motion Record containing the following original document(s): 26 27 28 Number of copies received: 3 on behalf of Defendant filed on 06-AUG-2003
Written representations contained within a Motion Record on behalf of the Defendant in support of Doc 26 filed on 06-AUG-2003
Affidavit of Kingsley Koo sworn on 01-AUG-2003 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 26 with Exhibits A-H filed on 06-AUG-2003
****** CANCELLED ****** Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 11-AUG-2003 to begin at 09:30 duration: 30min language: E for an Order dismissing this action and such further relief Mark K. Evans & Mark G. Biernacki, 416-593-5514, Solicitors for Defendant filed on 06-AUG-2003
Affidavit of service of Dale L Maw sworn on 23-JUL-2003 on behalf of Defendant confirming service of Doc 24 upon Plaintiff by telecopier on 23-JUL-2003 filed on 23-JUL-2003
Notice of Motion on behalf of Defendant returnable at General Sitting in Toronto on 11-AUG-2003 to begin at 09:30 duration: 30min language: E for an Order to dismiss the action Mark Biernacki (416) 593-5514 filed on 23-JUL-2003
Order dated 07-JUL-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 13-JUN-2003 re: the parties jointly request that the schedule governing the proceeding be amended Result: 1. The parties are granted an extension of time to 21-JUL-2003 to complete the first round of examinatins for discovery. 2. The Plaintiffs shall submit a joint schedule for completion of the next steps in the proceeding no later than 15-AUG-2003. Filed on 07-JUL-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 820 page(s) 353 - 354 Interlocutory Decision
Letter from both parties dated 13-JUN-2003 requesting amendments to the scheduling Order dated 26-MAY-2003. received on 23-JUN-2003
Order dated 26-MAY-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 14-MAY-2003 Result: 1. The parties are granted an extension of time to June 30, 2003 to complete the first round of examinations for discovery. 2. The Plaintiffs shall submit a joint schedule for completion of the next steps in the proceeding no later than July 31, 2003. Filed on 26-MAY-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 814 page(s) 467 - 468 Interlocutory Decision
Letter from Plaintiff dated 14-MAY-2003 re: amending Scheduling Order dated March 12, 2003 received on 23-MAY-2003
Order dated 02-APR-2003 rendered by The Honourable Mr. Justice Lutfy A.C.J. Matter considered without personal appearance The Court's decision is with regard to Order dated 12-MAR-2003 Result: Mr. Justice Hugessen is designated as case management judge and Mr. Lafrenière, Prothonotary, will assist in the management of this matter Filed on 04-APR-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 808 page(s) 171 - 171 Interlocutory Decision
Order dated 12-MAR-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Status Review Result: 1. The action shall continue as a specially managed proceeding. 2. The parties shall complete the first round of examinations for discovery no later than May 30,2003. 3. The Plaintiffs shall submit a joint schedule for completion of the next steps in the proceeding no later June 9, 2003. Filed on 12-MAR-2003 certified copies sent to parties entered in J. & O. Book, volume 805 page(s) 95 - 96 Interlocutory Decision
Solicitor's certificate of service on behalf of Mark L. Robbins confirming service of doc 18 upon Defendant by telecopier on 12-MAR-2003 filed on 12-MAR-2003
Submissions (Rule 380) on behalf of the Plaintiff in reply filed on 12-MAR-2003
Affidavit of service of Kingsley W. Koo sworn on 11-MAR-2003 on behalf of Defendant confirming service of Doc 16 upon Plaintiff by telecopier on 11-MAR-2003 filed on 11-MAR-2003
Reply on behalf of Defendant in response to the Plaintiff's 380 submissions Filed on 11-MAR-2003
Solicitor's certificate of service on behalf of Mark L.Robbins confirming service of doc. 14 Response to Notice of Status Review upon Defendant by telecopier on 03-MAR-2003 filed on 03-MAR-2003
Submissions (Rule 380) on behalf of Plaintiff filed on 03-MAR-2003
Notice of Status Review by The Honourable Mr. Justice Lutfy A.C.J. to the parties and their solicitors requiring the Plaintiffs to show cause by written submissions to be served and filed no later than 03-MAR-2003 why this action should not be dismissed for delay Filed on 31-JAN-2003 cc's sent to parties
Affidavit of service of Kingsley Koo sworn on 13-FEB-2002 on behalf of Defendant confirming service of Doc 11 upon Plaintiff by telecopier on 13-FEB-2002 filed on 13-FEB-2002
Defence filed on 13-FEB-2002
Tender of payment into Court on behalf of Plaintiff pursuant to Order filed on 17-DEC-2001 in the amount of $25,000.00 filed on 10-JAN-2002
Toronto 17-DEC-2001 BEFORE The Honourable Madam Justice Hansen Language: E Before the Court: Motion Doc. No. 3 on behalf of Defendant for an order that Plaintiffs post security for costs and to extend time to serve and file Statement of Defence Result of Hearing: Matter partially granted On Consent Order signed. (1) Plaintiffs to post $25,000.00 in security for costs (2) time for serving and filing Defence is extended for 30 days after the Plaintiffs provide the particulars ordered and notify the defendan that they have posted the requisite security for costs.(3) Costs of this motion to the Defendant in the cause fixed at $500.00. held in Court Senior Usher: Desmond Howard Duration per day: 17-DEC-2001 from 09:50 to 09:53 Courtroom : Courtroom No. 7 - Toronto Court Registrar: Manjula Das Total Duration: 3min Appearances: No one appearing *n/a representing Plaintiff Mr. Biernacki 416-593-5514 representing Defendant Documents filed at hearing: 9 Court Reporter: Rob Lee, Legal Transcript 416-360-8085 17-DEC-2001 Transcript not requested Minutes of Hearing entered in Vol. 591 page(s) 221 - 222 Abstract of Hearing placed on file
Order dated 17-DEC-2001 rendered by The Honourable Madam Justice Hansen Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 3 Result: granted in part (1) The Plaintiffs shall post $25,000.00 in security for costs without prejudice to the defendant to apply for additional security for costs in the future. (2) The Plaintiffs shall provide to the Defendant certain Particulars and certain copies of the original drawings. (3) The time for serving and filing a Statement of Defence is extended for 30 days after the Plaintiffs provide the particulars ordered and notify the defendant that they have posted the requisite security for costs. (4) Costs of this motion to the Defendant in the cause fixed at $500.00. Filed at hearing on 17-DEC-2001 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 747 page(s) 343 - 345 Interlocutory Decision
Letter from Defendant dated 14-DEC-2001 re: advising the Court that the parties have come to an agreement with respect to Motion doc. (which is scheduled for 17-DEC-2001) and unless otherwise advised, counsel for the parties will not attend on the motion. received on 14-DEC-2001
Consent on behalf of Plaintiff Defendant to the issue of Security for Costs and Particulars filed on 14-DEC-2001
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 12-DEC-2001
Affidavit of service of Glen William Morgan sworn on 12-DEC-2001 on behalf of Defendant confirming service of doc. #6 upon Plaintiff by personal service on 12-DEC-2001 filed on 12-DEC-2001
Motion Record containing the following original document(s): 3 4 5 Number of copies received: 3 on behalf of Defendant filed on 12-DEC-2001
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 3 filed on 12-DEC-2001
Affidavit of Mark Evans sworn on 12-DEC-2001 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 3 with Exhibits "A, B" filed on 12-DEC-2001
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 17-DEC-2001 to begin at 09:30 duration: 1h 30min language: E for an Order that the Plaintiff pay security for costs and other relief. Mark Evans 416-593-5514 filed on 12-DEC-2001
Service copy of Statement of Claim with proof of service upon Defendant on 02-NOV-2001 filed on 06-NOV-2001
Statement of Claim and 2 copies filed on 31-OCT-2001 Tariff other action - $150.00
The official version of the court proceeding information is available from the court websites directly: