, 2007 FC 242
Justice Hugessen - 2007-03-01
Read full decision. Automatically generated summary:
The defendant in this trade mark infringement action moves for severance of the issues of validity and infringement from those relating to remedy.
An earlier motion to the same effect was refused by a judge of this Court more than four years ago. Since that time not only has a lot of water flowed under the bridge but the parties have engaged in almost unceasing guerilla warfare relating to interlocutory matters so that the action is still nowhere near to being ready for trial. The matter is case managed by a prothonotary and the latter, of his own motion, for reasons correctly applying the criteria which the Court has developed under Rule 107, made an Order essentially identical to that now being sought. An appeal to a judge of this Court was allowed solely on the ground that the prothonotary had exceeded his jurisdiction in varying an Order previously made by a judge. A further appeal to the Federal Court of Appeal was unsuccessful save for a matter not relevant to the present reasons.
Decision relates to:
- T-697-02 - OSMOSE-PENTOX INC. v. SOCIÉTÉ LAURENTIDE INC.
- A-119-07 - which is an appeal from this decision