Casella Wines PTY Limited v. Constellation Brands Canada, Inc., 2015 FC 403
Justice Harrington - 2015-03-30
Read full decision. Automatically generated summary:
In this second round of the boxing match between and a kangaroo and a wallaroo, which the Defendant describes as a mix between a wallaby and a kangaroo, the kangaroo wins. Lest this be thought to be a kangaroo court, my reasons follow. In this trade-mark dispute, Constellation Brands Canada, Inc., the Defendant and Plaintiff by Counterclaim, has filed two motions in the same document. The first is an appeal from an order of Prothonotary Morneau, cited as 2015 CF 263, that its representative be required to answer certain questions put to him on discovery. The second is for a bifurcation order so that the trial only proceed on the merits, with a subsequent reference on damages or profits, if necessary.
Decision relates to:
- T-1594-13 - CASELLA WINES PTY LIMITED v. CONSTELLATION BRANDS CANADA, INC.