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LYSIAS ENTERPRISES (CANADA) LTD. ET AL v. 1350798 ONTARIO INC. ET AL

Summary of T-323-01

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: Trade Mark Infringement

Parties and Lawyers:
PartyFirmLawyer
1350798 ONTARIO INC
DJ CHINESE RESTAURANT (COB)
KIRIN MANDARIN RESTAURANT (COB)
KIRIN SEAFOOD RESTAURANT (COB)
LAU, JEFFREY
LYSIAS ENTERPRISES LTD (CANADA)Poon & HoPOON, SIDNEY S
WONG, DEBBIE
WONG, DEBBIE LUI
WONG, DEBBIE MIU KWAN LUI
Intellectual Property:
NameNumber
CHINESE CHARACTER378902
KI RIN

Docket Summary (Google Translate to English)

(32) 2005-03-23 - Ottawa
Judgment dated 23-MAR-2005 rendered by The Honourable Mr. Justice Hugessen Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 27 Result: granted Filed on 23-MAR-2005 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 894 page(s) 374 - 375 Interlocutory Decision
(31) 2005-03-15 - Toronto
Affidavit of service of A. Yip sworn on 15-MAR-2005 on behalf of Plaintiff confirming service of doc 30 upon the Defendants by courier on 15-MAR-2005 filed on 15-MAR-2005
(30) 2005-03-15 - Toronto
Motion Record containing the following original document(s): 27 28 29 Number of copies received: 3 on behalf of Plaintiff filed on 15-MAR-2005
(29) 2005-03-15 - Toronto
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 27 filed on 15-MAR-2005
(28) 2005-03-15 - Toronto
Affidavit of F. Wong sworn on 14-MAR-2005 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 27 with Exhibits A-Q filed on 15-MAR-2005
(27) 2005-03-15 - Toronto
Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be placed before the Court in Ottawa for judgment...; costs...; such further and other relief (E. Lam 905.305.1738) filed on 15-MAR-2005
() 2005-03-04 - Toronto
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 01-MAR-2005 directing that "The Plaintiff shall, no later than March 15, 2005, serve and file a motion in writing for Judgment based on the oral settlement reached between the parties and confirmed at the pre-trial conference." placed on file on 04-MAR-2005 Confirmed in writing to the party(ies)
() 2005-03-01 - Toronto
Letter from Plaintiff dated 01-MAR-2005 advising Court of status of this matter (cc'd to D's counsel) received on 01-MAR-2005
() 2005-03-01 - Toronto
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 28-FEB-2005 directing that "The Plaintiff shall submit, no later than March 14, 2005, a status report regarding the settlement reached between the parties, including a deadline by which a Consent Judgment will be filed with the Registry." placed on file on 01-MAR-2005 Confirmed in writing to the party(ies)
() 2004-10-20 - Toronto
Letter from Plaintiff dated 20-OCT-2004 ....amended Judgment has been sent to Mr. Chow for his reivew and upon approval it shall be forward to the court. received on 20-OCT-2004
() 2004-10-05 - Toronto
Toronto 05-OCT-2004 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Pre-Trial Conference Result of Hearing: Matter settled. Counsel for the plaintiff to submit draft order and consent in accordance with the terms agreement upon by the parties by October 20, 2004 held Examination room Senior Usher: Ron Bradley Duration per day: 05-OCT-2004 from 09:40 to 10:20 Courtroom : Examination for Discovery Room No. 2 - Toronto Court Registrar: Mary Sansone Total Duration: 40min Appearances: Eduardo Lam (905) 305-1738 ext 318 representing Plaintiff James Chow (905) 881-3363 representing Defendants, Debbie Wong and Jeffrey Lau Comments: Consent Judgment to be filed by counsel for the Plaintiff by October 20, 2004. Minutes of Hearing entered in Vol. 674 page(s) 155 - 156 Abstract of Hearing placed on file
() 2004-10-04 - Toronto
Letter from Plaintiff dated 04-OCT-2004 advising the court the client will not attend the pre-trial conference, but will be accessible by telephone. received on 04-OCT-2004
(26) 2004-10-04 - Toronto
Affidavit of service of James H. Chow sworn on 04-OCT-2004 on behalf of Defendant confirming service of Doc 25 upon Plaintiff by telecopier on 02-OCT-2004 filed on 04-OCT-2004
(25) 2004-10-04 - Toronto
Pre-trial conference memorandum on behalf of Defendant filed on 04-OCT-2004 in triplicate. 3 copy(ies) for the Court retained by the local office
(24) 2004-09-01 - Toronto
Notice of pre-trial conference dated 01-SEP-2004 further to the directions of Roger Lafrenière, Esq., Prothonotary fixing Pre-Trial Conference to be heard at Special Sitting in Toronto on 05-OCT-2004 to begin at 09:30 duration: 3h language: E Filed on 01-SEP-2004 issued to parties Pre-trial conference memorandum to be served and filed no later than 28-SEP-2004
() 2004-08-20 - Toronto
Letter from Defendant dated 19-AUG-2004 "I have received a copy of the Plaintiff's Requisition for PTC. Due to the O Plaintiff's conduct, however, a PTC at this particular time is too early. The plaintiff has not yet submitted to examination for discovery...and has failed to produce a further and better affidavit of documents..." received on 20-AUG-2004
(23) 2004-07-30 - Toronto
Affidavit of service of Angela Yip sworn on 30-JUL-2004 on behalf of Plaintiff confirming service of Doc 21 & Doc 22 upon Defendants by courier on 30-JUL-2004 filed on 30-JUL-2004
(22) 2004-07-30 - Toronto
Pre-Trail conference Record containing Doc 21 on behalf of Plaintiff filed on 30-JUL-2004 1 copy(ies) for the Court retained by the local office
(21) 2004-07-30 - Toronto
Pre-trial conference memorandum on behalf of Plaintiff filed on 30-JUL-2004
(20) 2004-07-30 - Toronto
Requisition for pre-trial conference from Plaintiff filed on 30-JUL-2004 Tariff Any other action - $300.00
() 2004-07-23 - Toronto
Letter from Plaintiff dated 23-JUL-2004 udated status report......we will set this matter for trial by requisitioning a pre-trial conference by Friday, July 30, 2004. We have asked Mr. Chow to provide us with a reply by July 20, 2004..... received on 23-JUL-2004
() 2003-12-01 - Toronto
Toronto 01-DEC-2003 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Motion Doc. No. 14 on behalf of Plaintiff Result of Hearing: Mr. Lam informed the Court that all issues except costs were resolved prior to this sitting. Court grants the plaintiff costs for this motion in the amount of $750.00 in any event of the cause, to be paid by the individual defendants, Debbie Wong and Jeffrey Lau. Furthermore, all examinations are to be completed by the end of March 2004. held in Court Senior Usher: John Harvey Duration per day: 01-DEC-2003 from 09:41 to 09:50 Courtroom : Courtroom No. 3 - Toronto Court Registrar: Todd Desanti Total Duration: 9min Appearances: Eduardo F. Lam (905)305-1738 representing Plaintiff James Chow (905)881-3363 representing Defendants, Debbie Wong and Jeffrey Lau Draft Decision to be submitted by Plaintiff Comments: Mr. Lam submitted to the Court a Bill of Costs. Minutes of Hearing entered in Vol. 647 page(s) 139 - 141 Abstract of Hearing placed on file
(19) 2003-11-27 - Toronto
Affidavit of service of Angela Yip sworn on 26-NOV-2003 on behalf of Plaintiff confirming service of doc.18 upon Defendant by personal service on 26-NOV-2003 filed on 27-NOV-2003
(18) 2003-11-27 - Toronto
Motion Record containing the following original document(s): 17 Number of copies received: 3 on behalf of Plaintiff filed on 27-NOV-2003
(17) 2003-11-27 - Toronto
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 14 filed on 27-NOV-2003
() 2003-11-27 - Toronto
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 27-NOV-2003 directing that The Plaintiff's motion record and written representations received today, may be filed. placed on file on 27-NOV-2003
(16) 2003-11-07 - Toronto
Solicitor's certificate of service on behalf of Angela Yip confirming service of doc 14 and doc 15 upon Defendant by courier on 07-NOV-2003 filed on 07-NOV-2003
(15) 2003-11-07 - Toronto
Affidavit of Ford Wong sworn on 07-NOV-2003 on behalf of Plaintiff in support of Motion Doc. No. 14 with Exhibits A,B,C,D,E,F,G,H filed on 07-NOV-2003
(14) 2003-11-07 - Toronto
Notice of Motion on behalf of Plaintiff returnable at General Sitting in Toronto on 01-DEC-2003 to begin at 09:30 duration: 40min language: E for an Order Defendants Debbie Wong and Jeffrey Lau provide answers to the undertakings that each of the said defendants provided to the Plaintiff during the Plaintiff's examination for discovery of these Defendants which answers shall be provided within 14 days of the Court's Order. (Eduardo Lam 905-305-1738 ext 318) filed on 07-NOV-2003
() 2003-10-28 - Toronto
Letter from Plaintiff dated 27-OCT-2003 that the plaintiffs are in the process of preparing motion materials to compel answers to undertakings from the Defendants which should be filed by next week. received on 28-OCT-2003
() 2003-06-05 - Toronto
Letter from Plaintiff dated 05-JUN-2003 re: proposed schedule for completion of remaining steps The next steps shall be completed by August 31, 2003. This would include receipt of the transcripts of the examination with the defendant. received on 05-JUN-2003
() 2003-05-26 - Toronto
Letter from Plaintiff dated 26-MAY-2003 regarding status update of the matter....Examinations for discoveries have been booked to resume on May 27, 2003. received on 26-MAY-2003
() 2003-04-07 - Toronto
Letter from Plaintiff dated 07-APR-2003 re: requesting an order to move ex parte for an Order striking the Statement of Defence received on 07-APR-2003
(13) 2003-03-31 - Toronto
Order dated 31-MAR-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 28-MAR-2003 Result: 1. The Defendants shall, by April 4, 2003, provide to the Plaintiffs in writing no few ten (10) dates of availability within the next two months for their examination for discovery. 2. The Plaintiffs shall advise the Defendants in writing no later than April 9, 2003 of the date selected for the examination for discovery and the location of the examination. 3. In the event the Defendants fail to attend at the appointed date and time, the Plaintiffs are granted leave to move expart for relief pursuant to Rule 97. 4. The Plaintiffs shall submit a joint schedule for completion of the next steps in the proceeding immediately following the examination for discovery of the Defendants. Filed on 31-MAR-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 806 page(s) 479 - 481 Interlocutory Decision
() 2003-03-28 - Toronto
Letter from Plaintiff dated 28-MAR-2003 we were advised by the registrar that you wished an explanation as to our request for a case confernece. As you may recall, on November 7, 2002 you made an order that the defednants' lawyer provide dates that he and his clients were available for examinations for discovery in the months of January and February, 2003......... Given the above, we are requesting this case conference so that the Court can fix one day for discoveries and incorporate it into an Order. received on 28-MAR-2003
() 2003-02-28 - Toronto
Letter from Plaintiff dated 28-FEB-2003 Request a case management conference, pursuant to Order (Prothonotary Lafreniere) dated November 7,2002 to fix a schedule. received on 28-FEB-2003
(12) 2002-11-07 - Toronto
Order dated 07-NOV-2002 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: 1. The Defendants shall, no later than 29-NOV-2002, serve their affidavit of documents on the Plaintiffs and provide to counsel for the Plaintiffs dates of availability for the examination for discovery of the Defendants in the months of January and February 2003. 2. The Plaintiffs shall, no later than 28-FEB-2003, either submit a joint schedule for the completion of the next steps in the proceeding for the Court's consideration, or requisition a case management conference to fix the schedule. Filed on 07-NOV-2002 certified copies sent to parties entered in J. & O. Book, volume 789 page(s) 208 - 209 Interlocutory Decision
() 2002-11-07 - Toronto
Toronto 07-NOV-2002 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court orders that Mr. Chow has until November 29, 2002, to provide the Plaintiffs with the Defendants' Affidavit of Documents. The Court also orders that upon serving their Affidavit of Documents, the Defendants are to provide the Plaintiffs with dates in January and February 2003, when the Defendants' clients are available for Discovery. The Court further orders that Mr. Lam is to contact the Court by February 29, 2003 and submit a new schedule outlining the next steps in this matter (if on consent) or, alternately, requisition a Case Management Conference in order to fix the next steps in the schedule. held in chambers by way of Conference Call Duration per day: 07-NOV-2002 from 10:30 to 10:38 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 8min Appearances: Mr. Eduardo Lam (905) 305-1738 ext. 318 representing Plaintiff Mr. James Chow (905) 881-3363 representing Defendant Minutes of Hearing entered in Vol. 615 page(s) 48 - 49 Abstract of Hearing placed on file
(11) 2002-10-03 - Ottawa
Order dated 02-OCT-2002 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 09-SEP-2002 Result: pursuant to Rule 383, Mr. Justice Hugessen is designated as Case Management Judge and Mr. Lafrenière, Prothonotary, will assist in the management of this matter Filed on 03-OCT-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 784 page(s) 240 - 240 Interlocutory Decision
() 2002-09-25 - Toronto
Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 25-SEP-2002 directing that please arrange a Case Management Conference with counsel for the parties on November 7, 2002 @ 10:30 a.m. The Case Management Conference shall be held by way of telephone conference call for a duration of 1 hour. placed on file on 25-SEP-2002 Confirmed in writing to the party(ies)
() 2002-09-20 - Toronto
Letter from Plaintiff dated 20-SEP-2002 Pursuant to Mr. Lafreniere's order dated Sept 9/02, we are writing to requisition a case management conferenc ein respect of the above noted matter to fix a schedule for the next steps in this case.... received on 20-SEP-2002
(10) 2002-09-09 - Toronto
Order dated 09-SEP-2002 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Status Review Result: granted 1. The action shall continue as a specially managed proceeding. 2. The Plaintiff shall either serve and file a motion in writing for relief pursuant to Rule 97 of the Federal Court Rules, 1998, or requisition a case management confernece to fix a schedule for the next steps in the proceeding, no later than October 14, 2002. Filed on 09-SEP-2002 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 781 page(s) 118 - 119 Interlocutory Decision
(9) 2002-08-08 - Toronto
Affidavit of service of Carmen Che sworn on 07-AUG-2002 on behalf of Plaintiff confirming service of Doc 8 upon Defendant by courier on 07-AUG-2002 filed on 08-AUG-2002
(8) 2002-08-08 - Toronto
Submissions (Rule 380) on behalf of Plaintiff filed on 08-AUG-2002
(7) 2002-06-25 - Ottawa
Notice of Status Review by The Honourable Mr. Justice Lutfy A.C.J. to the parties and their solicitors requiring the Plaintiff to show cause by written submissions to be served and filed no later than 16-AUG-2002 why this action should not be dismissed for delay Filed on 25-JUN-2002 cc's sent to parties and Toronto Local Office
() 2001-04-09 - Toronto
Covering letter from Defendant dated 09-APR-2001 concerning missing page from defence placed on file on 09-APR-2001
(6) 2001-04-06 - Toronto
Solicitor's certificate of service on behalf of James H. Chow confirming service of doc 5 upon Plaintiff by telecopier on 06-APR-2001 filed on 06-APR-2001
(5) 2001-04-06 - Toronto
Defence on behalf of Debbie Wong and Jeffrey Lau filed on 06-APR-2001
() 2001-04-09 - Toronto
Covering letter from Plaintiff dated 09-APR-2001 concerning Doc. Nos. 2 3 4 placed on file on 09-APR-2001
(4) 2001-04-09 - Toronto
Affidavit of service of Thomas Payne sworn on 27-MAR-2001 on behalf of Plaintiff confirming attempted service of doc 1 upon Defendant Jeffrey Lau by personal service on 07-MAR-2001 filed on 09-APR-2001
(3) 2001-04-09 - Toronto
Affidavit of service of Thomas Payne sworn on 18-MAR-2001 on behalf of Plaintiff confirming service of doc 1 upon Defendant Debbie Lui Wong (person) by personal service on 17-MAR-2001 filed on 09-APR-2001
(2) 2001-04-09 - Toronto
Affidavit of service of Thomas Payne sworn on 18-MAR-2001 on behalf of Plaintiff confirming service of doc 1 upon Defendant Debbie Wong/DJ Chinese Restaurant by personal service on 17-MAR-2001 filed on 09-APR-2001
(1) 2001-02-23 - Toronto
Statement of Claim filed on 23-FEB-2001 Tariff other action - $150.00

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