Planet Fitness Inc. v. Planet Fitness Franchising LLC, aka PFIP, LLC
Summary of T-724-21
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:| Party | Firm | Lawyer |
|---|---|---|
| PFIP LLC (AKA) | ||
| PLANET FITNESS FRANCHISING LLC | ||
| PLANET FITNESS INC | VESTA LAW LLP | IBANESCU, JULIA |
| Name | Number |
|---|---|
| PLANET FITNESS |
Decisions
| Name | Date | Paragraph |
| Planet Fitness Inc. v. Planet Fitness Franchising LLC 2024 FC 1312 | Aug 22, 2024 | The Defendants/Plaintiffs by Counterclaim (Defendants) bring a motion in writing seeking a Show Cause Hearing Order under Rule 467(1) of the Federal Courts Rules ... The alleged contempt arises from allegations that during the course of a court conducted mediation, the Plaintiff and Mr. Freeborn intentionally disclosed information obtained from documents filed in the mediation and/or discussions arising in the course of the mediation on various social media platforms operated by Mr. Freeborn. ... While confirming the facts set out in Mr. Vartanian’s affidavit and effectively conceding prima facie contempt, the Plaintiff and Mr. Freeborn nonetheless urge the Court to exercise its discretion and refuse to issue the show cause order. For the reasons that follow, a show cause order shall issue against the alleged contemnors, the Plaintiff and Mr. Shawn Freeborn. |
| Planet Fitness Inc. v. Planet Fitness Franchising LLC 2025 FC 840 | May 7, 2025 | In a recent decision, the court addressed a motion alleging contempt of court due to the improper disclosure of confidential mediation information. The contempt motion centered on a plaintiff and its director who posted videos on social media, revealing details from a mediation session that the court had explicitly designated as confidential. The mediation aimed to resolve ongoing trademark disputes, including allegations of trademark infringement and passing off. The evidence presented showed that the director violated court orders by discussing mediation contents publicly, despite being informed of confidentiality obligations. The court found that the defendants established beyond a reasonable doubt that contempt had occurred. As a result, the court upheld the integrity of mediation processes, asserting that breaches of confidentiality undermine legal procedures and could warrant sanctions against the offending parties. |
| Planet Fitness Inc v. Planet Fitness Franchising 2025 FC 1713 | Oct 23, 2025 | The Plaintiff Planet Fitness Inc and its director have been found in contempt of Court (2025 FC 840). These reasons address the penalty to be imposed ... pursuant to Rule 472 of the Federal Courts Rules. ... Briefly, Mr. Freeborn improperly disclosed information he obtained in the course of a confidential mediation, in violation of an order or process of the Court. ... In the videos, he discussed particulars of the Defendants’ settlement offers, Associate Judge Crinson’s preliminary assessment of the merits of the case, and what expert and other witnesses would say if they were called to testify at trial. He also made disparaging and threatening remarks about the Defendants, their officers, and legal counsel. ... There appears to be no precedent for the imposition of a penalty for contempt arising from a breach of confidentiality in a court-ordered mediation. ... Having regard to all of the relevant factors, the Court considers a fine of $1,000 to be appropriate. This is at the lower end of the range established by the jurisprudence, but nevertheless marks the gravity of the contempt. Mr. Freeborn is to be commended for his expressions of remorse and continued respect for the courts in Canada. |
Docket Summary (Google Translate to English)
(/298) 2026-01-14 - OttawaTraduction -Texte français - Motifs de jugement et jugement daté(e)(s) du 2025-05-07 placé(e)(s) au dossier, le 2026-01-14
Memorandum to file from Calgary Local Office dated 20-NOV-2025 Finance department informed of fine payment (ID 296) placed on file.
Payment of fine in the amount of $1000 pursuant to the Order of Justice Fothergill, received on 23-OCT-2025, Tariff No. A612555 received on 20-NOV-2025
Order and Reasons dated 23-OCT-2025 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Order dated 29-SEP-2025 Result: The Plaintiff Planet Fitness Inc and Shawn Freeborn are jointly and severally liable to pay a fine in the amount of $1,000 Filed on 23-OCT-2025 copies sent to parties entered in J. & O. Book, volume 1751 page(s) 210 - 220 Final Decision
Calgary 07-OCT-2025 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Motion Doc. No. 52 on behalf of Defendant Penalty phase of the contempt motion Result of Hearing: Matter reserved held by way of video conference Duration per day: 07-OCT-2025 from 09:27 to 09:35 Courtroom : Calgary (Zoom) Court Registrar: Munir-Sirage Momo Total Duration: 8.5min Appearances: Shawn Freeborn - On his own behalf 403-357-4624 representing Plaintiff Comments: Hearing recorded to the Zoom cloud and the TASCAM backup recorder. Minutes of Hearing entered in Vol. 1130 page(s) 229 - 229 Abstract of Hearing placed on file
Letter from Defendant dated 06-OCT-2025 advising the Court that they are no longer seeking costs associated with the motion for contempt or costs of the mediation. received on 06-OCT-2025
****** CANCELLED ****** Letter from Defendant dated 06-OCT-2025 In response to the Court's directions (ID 289) regarding costs of the motion and costs of the mediation. received on 06-OCT-2025
Acknowledgment of Receipt received from Plaintiff counsel for contempt hearing with respect to Directions ID289 placed on file on 03-OCT-2025
Acknowledgment of Receipt received from all parties with respect to Directions ID289 placed on file on 01-OCT-2025
Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 29-SEP-2025 directing that The Court acknowledges receipt of the parties' correspondence in response to the Court's Direction issued on September 22, 2025. The Defendants' counsel has advised the Court that, considering the Notices of Discontinuance filed in these proceedings, they will take no position on the penalty phase of the motion for contempt, and will not appear at the hearing scheduled to take place on October 7, 2025 in Calgary, Alberta. The Plaintiff's counsel has advised the Court that Shawn Freeborn intends to address the Court on October 7, 2025, and prefers to do so by videoconference. In light of the parties¿ position, the in-person hearing date of October 7, 2025 is hereby vacated, and the penalty phase of the contempt motion will be heard by videoconference commencing at 9:30 AM (MT) for a duration not exceeding one hour. The Defendants are directed to advise the Court, informally and in writing, in advance of the hearing of the penalty phase, of their position respecting costs of the motion for contempt and costs of the mediation that gave rise to the motion. placed on file on 29-SEP-2025 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 29-SEP-2025 re: Letter ID287
Letter from Plaintiff dated 26-SEP-2025 advising that the dispute has been settled. The Plaintiff will be in attendance for the contempt of court, and seeks no penalty, or a nominal penalty. received on 26-SEP-2025
Communication to the Court from the Registry dated 25-SEP-2025 re: Letter ID285
Letter from Defendant dated 25-SEP-2025 advising that they take no position on whether the contempt hearing should continue. They have been instructed by their client not to appear or make submissions at the penalty phase. received on 25-SEP-2025
Acknowledgment of Receipt received from Plaintiff with respect to Directions ID282 placed on file on 23-SEP-2025
Acknowledgment of Receipt received from Defendant with respect to Directions ID 282 placed on file on 23-SEP-2025
Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 22-SEP-2025 directing that "The Court acknowledges receipt of the Notices of Discontinuance filed in in these proceedings. The parties are directed to advise the Cout, informally and in writing, on or before Friday, September 26, 2025, of their positions regarding the impact of these developments on the continuation of the contempt hearing scheduled to take place on October 7, 2025, in Calgary, Alberta, including whether the penalty phase may be determined by videoconference or in writing." placed on file on 22-SEP-2025
Memorandum to file from Edmonton dated 12-SEP-2025 Defendant's letter (ID 279) dated/received September 8, 2025 sent to Trial Coordinator for placement before the assigned hearings Judge for the penalty phase once determined. placed on file.
Memorandum to file from Edmonton dated 11-SEP-2025 Parties letters of September 8, 2025 (ID: 276 & 279), together with Notices of Discontinuance x2 (docs. 110 & 111) all placed before the Court. (CMJ) placed on file.
Letter from Defendants dated 08-SEP-2025 Writing further to the Notices of Discontinuance x2 that were filed effective September 8, 2025, and in the result advise they will not be attending the penalty hearing currently set down for October 7, 2025 in Calgary, AB. Copy of the letter was provided to Plaintiff's counsel. received on 08-SEP-2025
Notice of Discontinuance with parties displayed signatures on behalf of Defendants(Plaintiffs by Counterclaim) to the counterclaim with consent on behalf of Plaintiff filed on 08-SEP-2025
Notice of Discontinuance with parties displayed signatures on behalf of Plaintiff with consent on behalf of Defendants filed on 08-SEP-2025
Letter from Defendants dated 08-SEP-2025 Cover letter to enclose Notices of Discontinuance x2 on behalf of the parties. received on 08-SEP-2025
Letter from Plaintiff dated 14-JUL-2025 advising that Field Law (Robert S. Joseph) is now actieng as Counsel for the Plaintiff, and that the parties are currently discussing Settlement. received on 15-JUL-2025
Solicitor's certificate of service on behalf of Robert Joseph confirming service of Doc 108 upon Defendant by e-mail on 11-JUL-2025 filed on 11-JUL-2025
Notice of change of solicitor on behalf of Plaintiff filed on 11-JUL-2025
Acknowledgment of Receipt received from Defendants and Mr. Joseph with respect to Directions dated June 20, 2025 (ID 271) placed on file on 23-JUN-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 20-JUN-2025 directing that Upon correspondence from Mr. Joseph dated June 18, 2025, seeking an extension of time to my May 30, 2025 Directions, and noting that the Defendant consents to this request, the action is stayed until July 14, 2025, to permit Mr. Joseph time to review the file and serve and file a Notice of Change of Solicitors. placed on file on 20-JUN-2025
Communication to the Court from the Registry dated 20-JUN-2025 re: Letter (ID 269)
Letter from Plaintiff dated 18-JUN-2025 seeking an informal request on consent of the Defendant for a stay of two additional seeks until July 14, 2025 received on 19-JUN-2025
Order dated 17-JUN-2025 rendered by J. Drouin, Judicial Administrator Matter considered without personal appearance The Court's decision is with regard to Order dated 07-MAY-2025 Result: "that the penalty hearing take place before this Court at 635 - 8th Avenue South West, 3rd floor, in the City of Calgary, Alberta, on Tuesday,October 7, 2025, at 9:30 in the forenoon for a duration of three (3) hours." See E-copy for details. Filed on 17-JUN-2025 copies sent to parties entered in J. & O. Book, volume 1729 page(s) 428 - 428 Interlocutory Decision
Acknowledgment of Receipt received from Plaintiff with respect to Direction (ID 265) placed on file on 03-JUN-2025
Acknowledgment of Receipt received from Defendant and Former Counsel for Plaintiff with respect to Directions ID265 placed on file on 02-JUN-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 30-MAY-2025 directing that Upon correspondence from Mr. Freeborn dated May 20, 2025 and May 29, 2025, seeking an extension of time to my May 1, 2025 Order which stayed the action for 20 days to permit the Plaintiff to retain new counsel; and upon noting that Mr. Freeborn's May 29, 2025 letter fails to provide the Defendant's position on his informal request, notwithstanding my May 20, 2025 Direction requiring the Defendant's consent, the Court will nonetheless grant a further extension of time. The action is stayed until June 30, 2025, to permit new counsel to review the file and serve and file a Notice of Change of Solicitors. If the Plaintiff seeks any further extensions of time, a formal motion record is required in the absence of the Defendant's consent; such consent shall in writing. As the Court's Registry has no authority to grant extensions of time or to provide legal advice, Mr. Freeborn is directed to refrain from contacting the Registry for those purposes. placed on file on 30-MAY-2025
Letter from Plaintiff dated 29-MAY-2025 providing a status update and seeking an extension of time received on 29-MAY-2025
Communication to the Court from the Registry dated 26-MAY-2025 re: ID 261 and 262
Affidavit of service of Shawn Freeborn sworn on 21-MAY-2025 on behalf of Plaintiff confirming service of Letter dated May 20, 2025 (ID 261) upon Defendant by e-mail on 20-MAY-2025 filed on 21-MAY-2025
Letter from Plaintiff dated 20-MAY-2025 seeking a case management conference received on 21-MAY-2025
Acknowledgment of Receipt received from Plaintiff with respect to Directions ID258 placed on file on 22-MAY-2025
Acknowledgment of Receipt received from Defendant with respect to Directions ID258 placed on file on 21-MAY-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 20-MAY-2025 directing that The Court acknowledges receipt of a letter dated May 15, 2025, from Mr. Shawn Freeborn, principal of the Plaintiff corporation. In his letter Mr. Freeborn appears to seek an extension of time to the deadline provided in my Order dated May 1, 2025, where I directed the action be stayed for 20 days to permit the Plaintiff corporation to retain counsel and file a Notice of Change of Solicitor. There is no indication that Mr. Freeborn consulted with the Defendant¿s counsel or provided a copy of his letter to counsel. Accordingly, in the absence of the Defendant¿s consent to Mr. Freeborn's informal request, the Court cannot entertain the request for an extension of time. Furthermore, the Plaintiff, having elected the protection of incorporation, cannot be represented by its principal without leave of the Court - leave has not been sought. In the result, the request is denied. The Registry is directed to provide counsel for the Defendant with a copy of Mr. Freeborn's letter. placed on file on 20-MAY-2025
Communication to the Court from the Registry dated 20-MAY-2025 re: ID256
Letter from Plaintiff dated 15-MAY-2025 providing background and seeking an extension of time to meet the deadline in the Order dated May 1, 2025 and seeking a case management conference. received on 15-MAY-2025
Acknowledgment of Receipt received from all parties with respect to redacted Judgment and Reasons issued May 14, 2025. placed on file on 14-MAY-2025
Reasons redacted Judgment and Reasons dated 07-MAY-2025 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 52 Result: Found in contempt Filed on 14-MAY-2025 copies sent to parties Interlocutory Decision Copy of Reasons for redacted Judgment and Reasons entered in J. & O. Book, volume 1723 page(s) 409 - 428
Draft Redacted Judgment and Reasons concerning letter dated 9-MAY-2025 received on 09-MAY-2025
Letter from Defendant dated 09-MAY-2025 re: redactions to the Judgment and Reasons dated 7-MAY-2025 received on 09-MAY-2025
Acknowledgment of Receipt received from Defendant with respect to Doc. No. 104 placed on file on 08-MAY-2025
Acknowledgment of Receipt received from Plaintiff with respect to Doc. No. 104 placed on file on 07-MAY-2025
Reasons CONFIDENTIAL JUDGMENT AND REASONS dated 07-MAY-2025 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 52 Result: THIS COURT'S JUDGMENT is that: 1. The Plaintiff Planet Fitness Inc and Mr. Shawn Freeborn are in contempt of Court...(see ecopy) Filed on 07-MAY-2025 copies sent to parties Interlocutory Decision Copy of Reasons for Judgment and Judgment entered in J. & O. Book, volume 1722 page(s) 130 - 150
Acknowledgment of Receipt received from Defendant with respect to Order dated May 1, 2025 (Doc 103) placed on file on 05-MAY-2025
Acknowledgment of Receipt received from Plaintiff with respect to Order dated May 1, 2025 (Doc 103) placed on file on 01-MAY-2025
Order dated 01-MAY-2025 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 90 Result: THIS COURT ORDERS that: 1. The motion is allowed, in part. 2. Kensian & Associates shall remain solicitors of record for the purposes of the contempt proceedings, including the penalty phase, if any, the costs submissions and any settlement discussions arising therein. 3. The action is otherwise stayed for 20 days to permit the Plaintiff to retain counsel and serve and file a Notice of Change of Solicitor. Filed on 01-MAY-2025 copies sent to parties entered in J. & O. Book, volume 1720 page(s) 167 - 173 Interlocutory Decision
Communication to the Court from the Registry dated 01-MAY-2025 re: Plaintiff's Motion Record DOC. 90 sent to Court for disposition.
Covering letter from Plaintiff dated 30-APR-2025 concerning Doc. No. 101 placed on file on 30-APR-2025
Solicitor's certificate of service on behalf of Creighton M. Garson confirming service of Reply submissions, DOC. 101 upon Defendant by e-mail on 30-APR-2025 filed on 30-APR-2025
Reply Representations on behalf of Plaintiff in response to the opposing submissions doc. No. 98 to the Motion in writing Filed on 30-APR-2025
Acknowledgment of Receipt received from Defendant with respect to Written Directions dated April 25, 2025 (ID239) placed on file on 28-APR-2025
Acknowledgment of Receipt received from Plaintiff with respect to Written Directions dated April 25, 2025 (ID239) placed on file on 25-APR-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 25-APR-2025 directing that The Court acknowledges receipt of counsel¿s letter dated April 17, 2025, advising that counsel are willing to attend an oral hearing should the Court elect to convene an oral hearing. Having elected to proceed in writing, pursuant to Rule 369, the matter will be disposed of in writing unless counsel request an oral hearing. Counsel shall have until April 30, 2025 to clarify their request for an oral hearing. If counsel does not elect an oral hearing, they shall have until April 30, 2025 to serve and file a reply, if any. placed on file on 25-APR-2025
Communication to the Court from the Registry dated 25-APR-2025 re: ID's 221-227, 229-233 and 236
Memorandum to file from Edmonton dated 19-APR-2025 Counsel contacted and advised to send in a Rule 35 letter with everyones availability listed. placed on file.
Letter from Plaintiff dated 17-APR-2025 advising that they would like to change the motion from being in writting to an oral motion. received on 17-APR-2025
Acknowledgment of Receipt received from all parties with respect to doc 100 (Order dated April 15, 2025) placed on file on 15-APR-2025
Order dated 15-APR-2025 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 14-APR-2025 Result: THIS COURT ORDERS that: 1. The Plaintiff is dispensed with the requirement to bring a formal motion to request the present relief. 2. The deadline set in paragraph 6 of the Court¿s Order dated January 23, 2025, is stayed until the disposition of the Plaintiff's motion under Rule 125(1). 3. Paragraph 7 of the Court's Order dated January 23, 2025, shall remain in force and effect. 4. The parties shall, within ten (10) days of the date of the order rendered with respect to the Plaintiff's Rule 125(1) motion, confer and submit their proposed deadline for the filing of a joint list of documents. Filed on 15-APR-2025 copies sent to parties entered in J. & O. Book, volume 1717 page(s) 103 - 104 Interlocutory Decision
Covering letter from Defendant dated 14-APR-2025 concerning Doc. No. 98 placed on file on 14-APR-2025
Solicitor's certificate of service on behalf of Martha Savoy confirming service of doc 98 (Responding Motion) upon Plaintiff by e-mail on 14-APR-2025 filed on 14-APR-2025
Motion Record in response to Motion Doc. No. 90 containing the following original document(s): 96 97 Number of copies received: 1 on behalf of Defendant filed on 14-APR-2025
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion in writing Doc. No. 90 filed on 14-APR-2025
Affidavit of Susan Burkhardt sworn on 14-APR-2025 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 90 with Exhibits A-F filed on 14-APR-2025
Communication to the Court from the Registry dated 14-APR-2025 re: Letter (ID227)
Letter from Plaintiff dated 14-APR-2025 seeking that the deadline of April 15, 2025 be adjourned due to the Motion for removal of solicitor. This is on consent of both parties. received on 14-APR-2025
Affidavit of service of Jamie Selfors sworn on 07-APR-2025 on behalf of Plaintiff confirming service of Motion record, DOC. 93 upon Plaintiff's representative by personal service on 05-APR-2025 filed on 09-APR-2025
Solicitor's certificate of service on behalf of Creighton M.Garson confirming service of Motion Record, DOC. 93 upon Defendant by e-mail on 04-APR-2025 filed on 09-APR-2025
Motion Record containing the following original document(s): 90 91 92 Number of copies received: 1 on behalf of Plaintiff filed on 09-APR-2025
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 90 filed on 09-APR-2025
Affidavit of Savannah Patenaude sworn on 02-APR-2025 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 90 with Exhibits "A" thorugh "D" filed on 09-APR-2025
Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Edmonton local office for removal of solicitor of record, R. 125(1) filed on 09-APR-2025
Covering letter from Plaintiff dated 07-APR-2025 concerning Motion Record for removal of solicitor of record placed on file on 09-APR-2025
Transcript of hearing held at Ottawa on 25-MAR-2025 received on 09-APR-2025 Sent directly to presiding Judge 292 pages (including covering pages).
Acknowledgment of Receipt received from all parties with respect to Directions ID217 placed on file on 31-MAR-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 31-MAR-2025 directing that Upon the correspondence of counsel for the Plaintiff dated March 31, 2025, and upon noting the consent of counsel for the Defendant, the pre-trial conference scheduled for April 2, 2025, is adjourned sine die. placed on file on 31-MAR-2025
Letter from Plaintiff dated 31-MAR-2025 advising that Counsel for the Plaintiff intends to file a motion for removal of solicitor of record under R. 125(1), and thus seeking an adjourment of the pre-trial conference that is to be held on April 2, 2025 at 10:00 am until the Plaintiff finds new counsel. received on 31-MAR-2025
Ottawa 25-MAR-2025 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Motion Doc. No. 52 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Pierre Gendron Duration per day: 25-MAR-2025 from 09:30 to 15:00 Courtroom : Federal Court of Appeal Courtroom - Ottawa Court Registrar: Jacob Legault 25-MAR-2025 from 09:30 to 15:00 Courtroom : Federal Court of Appeal Courtroom - Ottawa Court Registrar: Jessica Lorch Total Duration: 5.5h Appearances: Martha Savoy 613.786.0180 representing Defendant Nathan Piché 613.786.0117 representing Defendant Nevena Cekic 613.783.8966 representing Defendant Garson Creighton 587-273-3333 representing Plaintiff Witness(es) on behalf of Defendant Justin Vartanian Boston, Massachusetts on behalf of Plaintiff Shawn Freeborn Red Deer, Alberta on behalf of Plaintiff Joshua Freeborn Red Deer, Alberta Court Reporter: Olivia Arnaud 416.413.7755 25-MAR-2025 Transcript requested Minutes of Hearing entered in Vol. 1126 page(s) 484 - 487 Abstract of Hearing placed on file
Covering letter from Plaintiff dated 21-MAR-2025 concerning Doc. Nos. 88 89 placed on file on 21-MAR-2025
Solicitor's certificate of service on behalf of Creighton M. Garson confirming service of Public Written Representations of the Plaintiff upon Defendant by email on 21-MAR-2025 filed on 21-MAR-2025
Written Representations (PUBLIC) on behalf of Plaintiff concerning Motion Doc. No. 52 filed on 21-MAR-2025
Covering letter from Defendant dated 21-MAR-2025 concerning Doc. Nos. 86 87 placed on file on 21-MAR-2025
Solicitor's certificate of service on behalf of Martha Savoy confirming service of Doc 86 (Defendants' Written Representations - PUBLIC) upon Plaintiff by email on 21-MAR-2025 filed on 21-MAR-2025
Written Representations (PUBLIC) on behalf of Defendant concerning Motion Doc. No. 52 filed on 21-MAR-2025
Covering letter from Plaintiff dated 20-MAR-2025 concerning Doc. No. 83 filed on 20-MAR-2025
Solicitor's certificate of service on behalf of Creighton M. Garson confirming service of doc 83 and book of authorities upon Defendants by email on 20-MAR-2025 filed on 20-MAR-2025
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 20-MAR-2025 Sent directly to Presiding Judge
Written Representations (CONFIDENTIAL) on behalf of Plaintiff concerning Motion Doc. No. 52 filed on 20-MAR-2025
Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 19-MAR-2025 directing that "The Plaintiff's request for an extension of time until the close of business on Thursday, March 20, 2025 to serve and file written representations and authorities is granted. The parties will also have an opportunity at the conclusion of the evidence on March 25, 2025 to make further representations orally." placed on file on 19-MAR-2025 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 19-MAR-2025 requesting an extension of time to file their written representations with consent from the Defendant received on 19-MAR-2025
Letter from Defendant dated 19-MAR-2025 re: amendment of the witness list received on 19-MAR-2025
Covering letter from Defendant dated 18-MAR-2025 concerning Doc. Nos. 81 82 placed on file on 18-MAR-2025
Solicitor's certificate of service on behalf of Martha Savoy confirming service of doc 81 and the Book of Authorities upon Plaintiff by email on 18-MAR-2025 filed on 18-MAR-2025
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 18-MAR-2025 Sent directly to Presiding Judge
Written Representations (CONFIDENTIAL) on behalf of Defendant concerning Motion Doc. No. 52 filed on 18-MAR-2025
Oral directions received from the presiding judge dated 11-MAR-2025 directing that "As requested by the parties in correspondence to the Court dated March 6, 2025, the contempt hearing scheduled to be heard in Ottawa on March 25, 2025 will be conducted in accordance with the following directions:" (See e-copy) placed on file on 11-MAR-2025 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from Defendant with respect to Order, DOC. 80 placed on file on 06-MAR-2025
Acknowledgment of Receipt received from Plaintiff with respect to Order, DOC. 80 placed on file on 06-MAR-2025
Letter from Defendant dated 06-MAR-2025 seeking direction from the Court regarding the steps leading up to the contempt hearing, and providing a proposed timetable for the hearing. received on 06-MAR-2025
Order dated 06-MAR-2025 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Order dated 23-JAN-2025 Result: (CONFIDENTIALITY ORDER)THIS COURT ORDERS that: 1. Given the public interest in open and accessible court proceedings, no material will be treated as confidential unless it is necessary to protect a legitimate commercial or other identified interest. 2. For the purpose of this Order: See order for full details Filed on 06-MAR-2025 copies sent to parties entered in J. & O. Book, volume 1709 page(s) 42 - 50 Interlocutory Decision
Communication to the Court from the Registry dated 06-MAR-2025 re: ID190 and ID191
Draft Decision concerning Letter (ID190) received on 03-MAR-2025
Letter from Plaintiff dated 03-MAR-2025 advising that the parties have consented to the draft confidentiality order provided received on 03-MAR-2025
Order (time and place) dated 04-MAR-2025 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Motion Doc. No. 52 to be heard at Special Sitting in Ottawa on 25-MAR-2025 to begin at 09:30 duration: 1d language: E Filed on 04-MAR-2025 cc's sent to parties entered in J. & O. Book, volume 1708 page(s) 197 - 197 Transmittal letters placed on file
Acknowledgment of Receipt received from Plaintiff with respect to Order, DOC. 77 placed on file on 23-JAN-2025
Acknowledgment of Receipt received from Defendant with respect to Order, DOC. 77 placed on file on 23-JAN-2025
Acknowledgment of Receipt received from all parties with respect to ID 185 Written Directions placed on file on 20-FEB-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 20-FEB-2025 directing that The Court is in receipt of correspondence from counsel for the Plaintiff dated January 20, 2025, seeking, informally, to adjourn the contempt motion scheduled for hearing on March 25, 2025 at Ottawa. In that correspondence, counsel advises that `due to unforeseen circumstances,' the Plaintiff will not be available to attend the contempt motion and suggests other dates of availability in June through August 1, 2025. In correspondence dated January 23, 2024, the Defendant opposes the adjournment on the basis that in December 2024, the parties had agreed to mutual availability for a hearing on February 6, 2025 and March 25- 27, 2025. On January 9, 2025, the Hearings Coordinator advised the parties that the due to a lack of court resources, the contempt motion will take place at Ottawa on March 25, 2025 for one day. The parties were asked to re- confirm their availabilities. Rule 36 of the Federal Courts Rules [Rules] provides the Court discretion to adjourn hearings on such terms as it considers just: Dr. Reddy's Laboratories Ltd v Janssen Inc, 2023 FC 448 at para 14 [Dr. Reddy's]. This discretion emanates from this Court's plenary jurisdiction to manage and regulate its own proceedings: Dr. Reddy's at para 14, citing Hutton v Sayat, 2023 FCA 22 at para 7. In deciding whether to adjourn a hearing, this Court need only consider if, in all the circumstances, the interests of justice support an adjournment: Canada v Hudson, 2024 FCA 33 at para 45 [Hudson]. As articulated by Justice Southcott in Dr Reddy's, applicable jurisprudence has identified the following factors as among those that the Court can consider in assessing the relevant circumstances: a. The public interest in having proceedings move fairly and with due dispatch; b. The general principle of applying the Rules to secure a just, expeditious and cost-effective determination of a proceeding; c. The length of the stay or adjournment being sought; d. The reasons for seeking the stay or adjournment; e. The potential for wasting resources; and f. The prejudice or inconvenience to the parties should the stay be granted or refused. I am satisfied that the present circumstances do not warrant the exercise of the Court¿s discretion to permit an adjournment. The Plaintiff has failed to articulate any reason for the adjournment. That is particularly troubling since the Plaintiff agreed to the date just a month earlier. In the absence of a compelling reason to adjourn the matter, the interests of justice do not support the informal request. Accordingly, it is denied. placed on file on 20-FEB-2025
Acknowledgment of Receipt received from both parties with respect to Directions from February 10, 2025 issued on February 11, 2025 placed on file on 11-FEB-2025
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 10-FEB-2025 directing that Considering correspondence dated February 7, 2025, from counsel for the Plaintiff, on behalf of the parties, the pre-trial conference adjourned on March 6, 2024, shall resume on April 2, 2025 at 12:00 pm ET/10:00 am MT for a duration not to exceed two hours with the parties dispensed from the requirement to attend. placed on file on 11-FEB-2025
Communication to the Court from the Registry dated 07-FEB-2025 re: Letter dated February 7, 2025 (ID181)
Letter from Plaintiff dated 07-FEB-2025 providing the Court with mutual dates of availability for the reconvening of the Pre-Trial Conference. received on 07-FEB-2025
Agreed Statement of Facts from both parties on behalf of all parties filed on 05-FEB-2025
Order dated 23-JAN-2025 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Letter from Defendants/Plaintiffs by Counterclaim dated 17-JAN-2025 Result: "THIS COURT ORDERS that: 1. The parties are dispensed with the requirement to bring a formal motion to request an extension of time to file the Agreed Statement of Facts. 2. By February 3, 2025, the parties shall confirm to the Court in writing whether they will object to the proposed qualifications of the expert(s) and the extent of any such objections. 3. The parties are granted an extension of time to file an agreed statement of facts, by February 5, 2025. 4. By February 7, 2025, the Plaintiff/Defendant by Counterclaim (the "Plaintiff") shall file a request with the Court to reconvene the Pre-Trial Conference which was adjourned on March 6, 2024 with the parties being dispensed from the requirement to attend the Pre-Trial Conference. 5. The parties shall confer and the Plaintiff shall submit a proposed confidentiality order for the steps leading to trial and the trial, by March 7, 2025. 6. By April 15, 2025, the parties shall file a joint list of documents, indicating whether each document is admitted as to authenticity and/or as to the truth of its contents, subject to any additional admissions that may be agreed upon by the parties before the commencement of trial. 7. The Plaintiff shall confer with the Defendants and shall within 20 days of the setting down of a trial date submit a schedule for the remaining steps leading up to trial." Filed on 23-JAN-2025 copies sent to parties entered in J. & O. Book, volume 1701 page(s) 293 - 295 Interlocutory Decision
Communication to the Court from the Registry dated 24-JAN-2025 re: Defendant's response letter dated January 23, 2025 (ID 177) regarding Plaintiff's request to adjourn the contemp hearing to later date placed before the Court and Trial Co-Ordinator. (CMJ)
Letter from Defendants dated 23-JAN-2025 Writing in response to the Plaintiff's letter of January 20, 2025 (ID 175), and provide their position on the March 25-27, 2025 contempt hearing. received on 23-JAN-2025
Memorandum to file from Edmonton dated 23-JAN-2025 Plaintiff's letter dated January 20, 2025 (ID 175) regarding tentative contempt hearing date of March 25, 2025 sent to Ottawa for further consideration. placed on file.
Letter from Plaintiff dated 20-JAN-2025 Writing to advise the Court of unavailability for the proposed March 25, 2025 Comtempt Motion hearing. received on 20-JAN-2025
Solicitor's certificate of service on behalf of Martha Savoy confirming service of Docs. 74, 75, and ID 171 upon Plaintiff by email on 17-JAN-2025 filed on 17-JAN-2025
Draft Order concerning ID 171 filed on 17-JAN-2025
List of Proposed Expert Qualifications pursuant to Court Order of Associate Judge Coughlan dated August 1, 2024 para 5 on behalf of Defendants. filed on 17-JAN-2025
Letter from Defendants dated 17-JAN-2025 Writing further to the August 1, 2024 Scheduling Order and by the consent of all parties, jointly propose to amend the timetable slightly and provide a draft order, followed by Proposed Expert Qualifications of the Defendants' Experts. received on 17-JAN-2025
Memorandum to file from Edmonton dated 05-DEC-2024 Defendant's letter dated December 4, 2024 (ID 169) regarding parties' availabilities and mode of hearing for contempt hearing, sent to Trial Coordinator. placed on file.
Letter from Defendant dated 04-DEC-2024 Writing further to the Court's November 8, 2024 for availabilties for setting down the contempt hearing, mutual dates provided for February and March 2025. (venue is in dispute) received on 04-DEC-2024
Parties Joint Statement of Issues document pursuant to doc. 65 filed on 01-OCT-2024
Trial Record on behalf of Plaintiff (Defendant by Counterclaim) filed on 01-OCT-2024
Notice of Change of Solicitor (within the firm) on behalf of Plaintiff received on 18-SEP-2024
Acknowledgment of Receipt received from Defendant with respect to Directions dated 28-Aug-2024 (ID 163) placed on file on 28-AUG-2024
Acknowledgment of Receipt received from both parties with respect to Order and Reasons dated 22-Aug-2024 (Doc 71) placed on file on 23-AUG-2024
Written directions received from the Court: Associate Judge Catherine A. Coughlan dated 28-AUG-2024 directing that "The Court acknowledges receipt of correspondence dated August 27, 2024, from counsel for the Plaintiffs seeking, informally, to be removed as Solicitor of Record. In the absence of a Notice of Change of Solicitors, Rule 125 provides that a motion is required to obtain an Order to be removed from the record. Accordingly, the informal request is denied." placed on file on 28-AUG-2024 Confirmed in writing to the party(ies)
Memorandum to file from Edmonton dated 28-AUG-2024 Plaintiff's August 27, 2024 letter (ID 161) for removal placed before the Court. (CMJ) placed on file.
Letter from Plaintiff dated 27-AUG-2024 Writing as a result of a breakdown in client/solicitor relationship and therefore are seeking to be removed as Solicitor of Record. received on 27-AUG-2024
Order and Reasons with corrections page (page 1) dated 22-AUG-2024 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 52 Result: "THIS COURT ORDERS that: 1. The Plaintiff by is corporate representative and Mr. Shawn Freeborn, shall appear before...[see attached order and reasons (corrected version) for remaining details."] Filed on 22-AUG-2024 copies sent to parties entered in J. & O. Book, volume 1672 page(s) 16 - 28 Interlocutory Decision
Certificate of Order rendered by Associate Judge Catherine A. Coughlan on 22-AUG-2024 endorsed on the record on 22-AUG-2024 received in the Registry on 22-AUG-2024 issued to parties Matter considered without personal appearance concerning Show Cause Order Doc. No. 52 Result: granted Copy of Certificate placed on file and entered in J. & O. Book, volume 1671 page(s) 492 - 492 Transmittal Letters placed on file. Interlocutory Decision
Order and Reasons dated 22-AUG-2024 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Show Cause Order Doc. No. 52 Result: granted "THIS COURT ORDERS that: 1. The Plaintiff by its corporate representative and Mr. Shawn Freeborn, shall appear before a presiding Judge at a date and time to be set by the Trial Administrator and be prepared to: (a) Hear proof of the acts of contempt, set out hereafter, with which they are charged; (b) Present any defence that they may have to the charges; and (c) Speak to the Defendants' submissions on an appropriate sentence if they are found to be in contempt. 2. The acts with which the Plaintiff and Mr. Freeborn are charged are that, by their conduct described below, they: (i) disobeyed the express instructions of Associate Judge Crinson who directed that all statements made during the mediation he was conducting between the parties held on February 20, 2024 and March 25, 2024, were confidential; (ii) disobeyed the Court's processes with respect to Rule 388 of the Rules, which provided that all discussions in dispute resolution conferences and documents prepared for that purpose are confidential and shall not be disclosed; (iii) breached the Court's Order issued December 20, 2023, that directed the parties to serve and file "without prejudice mediation briefs"; and (iv) acted in such a way as to interfere with the orderly administration of justice and impaired the authority and dignity of the Court." Filed on 22-AUG-2024 copies sent to parties entered in J. & O. Book, volume 1671 page(s) 489 - 489 Interlocutory Decision
Memorandum to file from Edmonton dated 08-AUG-2024 Defendants R. 369 motion record for Show Cause Order for contempt pursuant to R. 467 placed before the Court for disposition - doc. 52 (CMJ) placed on file.
Letter from Defendants/Plaintiffs by Counterclaim dated 06-AUG-2024 Cover letter for enclosing for filing the Defendants' Reply submissions (for Show Cause Order for Comtempt); Reply submissions PUBLIC & CONFIDENTIAL versions, Book of Authorities, and service document. (Docs. 67, 68, and ID 154) received on 06-AUG-2024
Solicitor's certificate of service on behalf of Martha Savoy confirming service of Docs. 67 & 68, and ID 154 upon Plaintiff/Defendant by Counterclaim by email on 06-AUG-2024 filed on 06-AUG-2024
Book of Authorities consisting of 0 volume(s) on behalf of Defendants/Plaintiffs by Counterclaim received on 06-AUG-2024
- PUBLIC version - of the Defendant's Reply (for Contempt of Court) contained within a Motion Record on behalf of Defendants/Plaintiffs by Counterclaim in response to the opposing submissions doc. No. 64 to the Motion in writing Filed on 06-AUG-2024
-CONFIDENTIAL- Reply submissions to contained within a Motion Record on behalf of Defendants/Plaintiffs by Counterclaim in response to the opposing submissions doc. No. 60 to the Motion in writing Filed on 06-AUG-2024
Acknowledgment of Receipt received from Defendants with respect to Doc. 65 filed on 01-AUG-2024
Order dated 01-AUG-2024 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff/Defendant by Counterclaim (the "Plaintiff") dated 01-AUG-2024 Result: "THIS COURT ORDERS that: 1. The Plainitiff shall confer with the Defendants in advance and shall file (a) a joint trial record, and (b) a joint statement of issues for trial by October 1, 2024. 2. The parties are to exchange proposed discovery read-ins by October 30, 2024. 3. The parties shall, by no later than November 20, 2024, exchange objections and/or qualifications to proposed read-ins. 4. The parties shall agree on the discovery read-ins to be produced at trial by December 19, 2024. 5. The parties shall file (a) an agreed statement of facts, and (b) proposed qualifications of their expert(s), by January 17, 2025. 6. The Plaintiff shall confer with the Defendants in advance and shall submit a joint proposed schedule to the Court for next steps by January 19, 2025. 7. The parties shall confirm to the Court in writing whether they will object to the proposed qualifications of the expert(s) and the extent of such objections, as the case may be by February 3, 2025." Filed on 01-AUG-2024 copies sent to parties entered in J. & O. Book, volume 1668 page(s) 264 - 266 Interlocutory Decision
Draft Parties draft order to amend previous scheduling order concerning doc. 40 received on 01-AUG-2024
Letter from Plaintiff dated 01-AUG-2024 Informal motion to the Court, seeking to amend the scheduling Order of November 16, 2023, with consent of counsel for the Defendant. Draft provided received on 01-AUG-2024
Motion Record in response to Motion Doc. No. 52 Number of copies received: 1 on behalf of Plaintiff's - PUBLIC VERSION filed on 26-JUL-2024
Acknowledgment of Receipt received from Defendants with respect to Doc. 145 filed on 25-JUL-2024
Order dated 24-JUL-2024 rendered by Associate Judge Catherine A. Coughlan Matter considered without personal appearance The Court's decision is with regard to Letter from Defendants/Plaintiffs by Counterclaim dated 23-JUL-2024 Result: "THIS COURT ORDERS that: 1. The Defendants are dispensed from the requirement to bring a formal motion to request the present relief. 2. Paragraph 3 of the Order of the Court dated May 24, 2024 is amended by extending the time for service and filing of the Defendants' Reply from August 1 to August 6, 2024." Filed on 24-JUL-2024 copies sent to parties entered in J. & O. Book, volume 1666 page(s) 388 - 389 Interlocutory Decision
Affidavit of service of Savannah Patenaude sworn on 23-JUL-2024 on behalf of Plaintiff confirming service of doc. 60 and ID 143 upon Defendants by email on 23-JUL-2024 with Exhibits "A" filed on 23-JUL-2024
Book of Authorities consisting of 0 volume(s) on behalf of Plaintiff received on 19-JUL-2024
Motion Record in response to Motion Doc. No. 52 containing the following original document(s): 59 Number of copies received: 1 on behalf of Plaintiff - CONFIDENTIAL VERSION - filed on 19-JUL-2024
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 52 filed on 19-JUL-2024
Memorandum to file from Edmonton dated 24-JUL-2024 Defendants letter dated July 23, and received on July 24, 2024, placed before the Court - ID 139. (CMJ) placed on file.
Letter from Defendants dated 23-JUL-2024 Writing further to the May 24, 2024 Court Order and email correspondence of July 23 to the Court, and provide a slight revision to the schedule of dates for next steps, with consent of Plaintiff's counsel. received on 24-JUL-2024
Letter from Defendants dated 21-JUN-2024 Serving as a cover letter for enclosing the Defendant's Motion for Show Cause Order for Contempt of Court pursuant to R. 467(1), Confidential and Public volumes, and a Book of Authorities. received on 21-JUN-2024
Solicitor's certificate of service on behalf of Martha Savoy confirming service of docs. 52, 57, and ID 136 upon Plaintiff by email on 21-JUN-2024 filed on 21-JUN-2024
Book of Authorities consisting of 0 volume(s) on behalf of Defendants received on 21-JUN-2024
Motion Record Number of copies received: 1 on behalf of Defendants - CONFIDENTIAL VERSION - (stored on Themis) filed on 21-JUN-2024
Motion Record containing the following original document(s): 52 53 54 55 Number of copies received: 1 on behalf of Defendants - PUBLIC VERSION - filed on 21-JUN-2024
Written Representations contained within a Motion Record on behalf of Defendants concerning Motion in writing Doc. No. 52 filed on 21-JUN-2024
Affidavit of Jasper Smith sworn on 19-JUN-2024 contained within a Motion Record on behalf of Defendants in support of Motion Doc. No. 52 with Exhibits "A-P" filed on 21-JUN-2024
Affidavit of Justin Vartanian - CONFIDENTIAL sworn on 18-JUN-2024 contained within a Motion Record on behalf of Defendants in support of Motion Doc. No. 52 with Exhibits "A-N" filed on 21-JUN-2024
Notice of Motion contained within a Motion Record on behalf of Defendants in writing to be placed before the Court in Ottawa for a Show Cause Order pursuant to R. 467(1), to show cause why the Plaintiff and Mr. Freeborn ought not to be found in contempt for inter alia, and awarding costs to the Defendant on an elevated basis, and for such further and other relief that this Honourable Court may deem just. filed on 21-JUN-2024
Acknowledgment of Receipt received from Defendant with respect to Confidentiality Order (ID 128) filed on 31-MAY-2024
Confidentiality Order dated 30-MAY-2024 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendants dated 03-APR-2024 Result: "THIS COURT ORDERS that: 1. Given the public interest in open and accessible court proceedings, no material will be treated as confidential unless it is necessary to protect a legitimate commerical or other indentified interest. 2. In this Order: a. "Counsel" means the members and supporting personnel employed by... (see attached for remaining order details). Filed on 30-MAY-2024 copies sent to parties entered in J. & O. Book, volume 1656 page(s) 267 - 272 Interlocutory Decision
Acknowledgment of Receipt received from both parties with respect to Order dated May 24, 2024 (doc 49) placed on file on 24-MAY-2024
Memorandum to file from Edmonton dated 29-MAY-2024 Defendant's letter dated May 27, 2024 enclosing the parties draft confidentiality order (ID 126) placed before the Court. (CMJ) placed on file.
Letter from Defendants dated 27-MAY-2024 writing further to the CMC held May 24, 2024, and enclose the draft Confidentiality Order, with consent of the Plaintiff, for the Court's review and determination. received on 27-MAY-2024
Order dated 24-MAY-2024 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: "THIS COURT ORDERS that: 1. The Defendants shall serve and file their motion record for an order purusant to Rules 369, and 466-467 of the Federal Courts Rules, by June 21, 2021. 2. The Plaintiff may serve and file a responding motion record by July 19, 2024. 3. The Defendants may serve and file a Reply by August 1, 2024, if required." Filed on 24-MAY-2024 copies sent to parties entered in J. & O. Book, volume 1655 page(s) 57 - 58 Interlocutory Decision
Solicitor's certificate of service on behalf of Martha Savoy confirming service of Confidential mediation brief, exhibits, and book of authorities upon Plaintiff by email on 05-FEB-2024 filed on 05-FEB-2024
Covering letter from Defendant dated 05-FEB-2024 concerning confidential mediation brief, exhibits and book of authorities submitted to the Court. placed on file on 05-FEB-2024
Edmonton 24-MAY-2024 BEFORE Catherine Coughlan, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Defendants to bring motion for show-cause hearing. Timelines discussed for the exchange of materials. Hearing date to be set at later date possibly towards fall of 2024. Plaintiffs counsel advises of another motion, to change her status of retainer to that of limited. Order to follow. held by way of video conference Duration per day: 24-MAY-2024 from 11:08 to 11:34 Courtroom : Conference Room - Edmonton Court Registrar: Charlotte Torgerson Total Duration: 26min Appearances: Ms. Julia Ibanescu (587) 273-3333 representing Plaintiffs Ms. Martha Savoy (613) 786-0180 representing Defendants Minutes of Hearing entered in Vol. 1114 page(s) 200 - 202 Abstract of Hearing placed on file
Acknowledgment of Receipt received from Martha Savoy with respect to April 18, 2024 placed on file on 18-APR-2024
Written directions received from the Court: Catherine Coughlan, Prothonotary dated 18-APR-2024 directing that "Considering correspondence from the Defendants dated April 9, 2024, and the parties' availability having been confirmed, a case management conference shall be held on May 24, 2024, at 11:00 a.m. MT for 30 minutes via Zoom." placed on file on 18-APR-2024 Confirmed in writing to the party(ies)
Memorandum to file from Edmonton dated 11-APR-2024 Defendants' letter dated April 9, 2024 (ID 117) placed before the Court April 9, 2024. (CMJ) placed on file.
Letter from Defendants dated 09-APR-2024 Writing seeking to convene a CMC to discuss confidentiality order and timetable for exchange of motion materials as Defendants will be bringing a motion for contempt. (show cause order) Mutual availabilities provided for only April 16 & 17, 2024. received on 09-APR-2024
Edmonton 04-APR-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Continuation of the Mediation Result of Hearing: Associate Judge Crinson noted, in accordance with Rule 389(3), that no settlement has been reached at the dispute resolution conference. held by way of video conference Duration per day: 04-APR-2024 from 11:51 to 01:04 Courtroom : Conference Room - Edmonton Court Registrar: Lindsay Krieger Total Duration: 1h13min Appearances: Julia Ibanescu (587)273-3333 representing Plaintiff Martha Savoy (613)786-0180 representing Defendant Nathan Piche (613)786-0180 representing Defendant Comments: Defendants will be seeking a CMC in order to bring a motion Minutes of Hearing entered in Vol. 1112 page(s) 15 - 16 Abstract of Hearing placed on file
Letter from Defendant dated 03-APR-2024 advising that the Plaintiff, has posted several videos on social media that disclose the details of what was discussed in confidence at the mediation. received on 03-APR-2024
Acknowledgment of Receipt received from all parties with respect to Directions issued on March 25, 2024 placed on file on 25-MAR-2024
Written directions received from the Court: Michael Crinson, Prothonotary dated 25-MAR-2024 directing that The mediation in this matter has been adjourned to be continued on April 4, 2024 by Zoom, commencing at 11:30am (MST)/1:30pm EST. placed on file on 25-MAR-2024
Edmonton 25-MAR-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Continuation of the Mediation Result of Hearing: Continuation of Mediation will take place on April 4, 2024 at 11:30am (MT) /1:30pm (ET) held by way of video conference Duration per day: 25-MAR-2024 from 09:40 to 01:41 Courtroom : Conference Room - Edmonton Court Registrar: Lindsay Krieger Total Duration: 4hr1min Appearances: Julia Ibanescu (587)273-3333 representing Plaintiff Martha Savoy (613) 786-0180 representing Defendant Nathan Piche (613)0180 representing Defendant Comments: Further mediation date set for April 4, 2024 at 11:30am (MT)/1:30pm (ET) Minutes of Hearing entered in Vol. 1111 page(s) 304 - 305 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Direction, ID 110 placed on file on 07-MAR-2024
Oral directions received from the Court: Michael Crinson, Prothonotary dated 06-MAR-2024 directing that "Upon receipt of correspondence from counsel for the Defendants, dated February 26, 2024, and the parties having confirmed availabilities, the Court directs that the continuation of a dispute resolution conference shall be held on March 25, 2024 at 9:30 a.m. MT via Zoom." placed on file on 06-MAR-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 06-MAR-2024 re: Letter ID 107 communicated to the Court.
Affidavit of service of Taylor Quirk sworn on 16-FEB-2024 on behalf of Plaintiff confirming service of Plaintiff's Mediation Brief upon Defendant by e-mail on 05-FEB-2024 filed on 16-FEB-2024
Letter from Defendant dated 26-FEB-2024 Partire availability dates to continue a mediation. received on 26-FEB-2024
Solicitor's certificate of service on behalf of Martha Savoy confirming service of doc. 45 upon Plaintiff by email on 22-FEB-2024 filed on 22-FEB-2024
Pre-trial conference memorandum on behalf of Defendants filed on 22-FEB-2024
Letter from Defendants dated 22-FEB-2024 In accordance with the Court's November 16, 2023 Order, the Defendants enclose their Pre-Trial Conference Memorandum for the upcoming Pre-Trial Conference scheduled for March 7, 2024. received on 22-FEB-2024
Edmonton 20-FEB-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Mediation Result of Hearing: Discussions occurred regarding settlement held in Court Duration per day: 20-FEB-2024 from 09:30 to 15:15 Courtroom : Examination for Discovery Room - Edmonton Court Registrar: Stephen Armstrong Total Duration: 5h 45min Appearances: Julia Ibanescu (587)273-3333 representing Plaintiff Martha Savoy (613)786-0180 representing Defendant Nathan Piche (613)786-0180 representing Defendant Comments: Potential further mediation by Zoom at a date to be determined. Minutes of Hearing entered in Vol. 1110 page(s) 43 - 44 Abstract of Hearing placed on file
Acknowledgment of Receipt received from Defendants with respect to Doc. 44 / ID 101 placed on file on 20-DEC-2023
Order dated 20-DEC-2023 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 04-DEC-2023 Result: "THIS COURT ORDERS that: 1. A dispute resolution conference in the form of an in-person mediation shall be held at Federal Court, Rice Howard Place - 10060 Jasper Avenue, Tower 1, Suite 530, Edmonton, Alberta, on February 20, 2024 commencing at 9:30 a.m. The mediation is anticipated to last at least 3 hours, but may last the entire day. 2. Each party shall, by no later than February 5, 2024, serve and file a without prejudice mediation brief, not to exceed 20 pages (excluding exhibits). The mediation brief shall contain at least: a) a statement of the factual and legal issues in dispute; b) the party's position and interests (in which the party sets out what it hopes to achieve, and a brief summary thereof and why); and c) documents (or key parts of thereof) of central importance to the proceeding. 3. The parties and their counsel are to attend the mediation in-person, and the parties, or their representatives attending on their behalf, must have the required authority to settle the proceeding at the mediation. 4. Any party who requires another person's approval before agreeing to terms of settlement shall, before the mediation, arrange to have ready telephone or other real time communications access to the other person throughout the mediation, whether it takes place during or after regular business hours." Filed on 20-DEC-2023 copies sent to parties entered in J. & O. Book, volume 1628 page(s) 322 - 323 Interlocutory Decision
Acknowledgment of Receipt received from both parties with respect to ID 99 placed on file on 08-DEC-2023
Written directions received from the Court: Catherine Coughlan, Prothonotary dated 08-DEC-2023 directing that "A Pre-Trial Conference shall be convened on March 7, 2024, at 12:00 pm ET/10:00 am MT for a duration not to exceed one hour via Zoom. Pursuant to Rule 260, the parties are dispensed from the requirement to attend the Pre-Trial Conference." placed on file on 08-DEC-2023 Confirmed in writing to the party(ies)
Letter from Defendants dated 04-DEC-2023 Writing further to the Direction of the Court of November 23, 2023, and advise the parties request the February 20, 2024 mediation take place in-person. received on 04-DEC-2023
Acknowledgment of Receipt received from Martha Savoy (Defendants) and Julia Ibanescu with respect to November 23 Directions placed on file on 23-NOV-2023
Memorandum to file from Edmonton dated 29-NOV-2023 Advising that the Requisition for Hearing (doc. 43) has been sent to Trial JA for scheduling. placed on file.
Requisition for pre-trial conference from Plaintiff filed on 22-NOV-2023 Tariff Any other action - $300.00
Written directions received from the Court: Catherine Coughlan, Prothonotary dated 23-NOV-2023 directing that "The Court is in receipt of correspondence dated November 16, 2023, from counsel for the Defendant advising of the parties' availabilities for a one-day mediation. The mediation shall take place on February 20, 2024. Associate Judge Crinson shall preside as the mediator. Parties shall, at their earliest convenience advise whether the mediation will be in-person or virtual. Upon receipt of that information, further directions will be issued with respect to the exchange and delivery of mediation briefs." placed on file on 23-NOV-2023 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of Julia R. Ibanescu confirming service of Pre-Trial Conference and Pre-Trial Conference Requistion upon Defendant by e-mail on 21-NOV-2023 filed on 21-NOV-2023
Pre-trial conference memorandum on behalf of Plaintiff filed on 21-NOV-2023
Letter from Defendant dated 20-NOV-2023 Writing further to the November 16, 2023 Order of the Court and provide the parties mutual availabilities for the 1-day judicially assisted mediation for scheduling in early 2024. received on 20-NOV-2023
Acknowledgment of Receipt received from all parties with respect to Order, DOC. 40 placed on file on 17-NOV-2023
Order dated 16-NOV-2023 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 10-NOV-2023 Result: THIS COURT ORDERS that: 1. The Plaintiff shall serve and file a Requisition for Pre-Trial Conference accompanied by a Pre-Trial Conference Memorandum by November 27, 2023. 2. see the Order linked. Filed on 16-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1622 page(s) 303 - 305 Interlocutory Decision
Draft Order concerning November 7, 2023 Direction of the Court (ID 85) received on 10-NOV-2023
Letter from Plaintiff dated 10-NOV-2023 Writing to update the Court and advise the parties have agreed to a Consent Procedural Order for next steps and provide a draft order for the Court's consideration. received on 10-NOV-2023
Acknowledgment of Receipt received from Defendant with respect to November 7, 2023 Directions placed on file on 08-NOV-2023
Written directions received from the Court: Catherine Coughlan, Prothonotary dated 07-NOV-2023 directing that "Further to the Court's Order of March 13, 2023, the Plaintiff was required to serve and file by August 29, 2023, a Requisition for Pre-Trial Conference accompanied by a Pre-Trial Conference Memorandum. The Court's Order has not been complied with nor has an extension of time been sought to permit compliance. Further, inquiries made by the Court Registry of counsel have not been fruitful. In the result, the Plaintiff shall, not later than November 27, 2023, confer with the Defendant and provide the Court with a status update together with a timetable of next steps, failing which a Status Review, pursuant to Rule 385(2) will be ordered leading to the dismissal of the action for delay." placed on file on 07-NOV-2023 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from Plaintiff with respect to Order (doc. 39) placed on file on 14-MAR-2023
Acknowledgment of Receipt received from Defendant with respect to Order (doc. 39) placed on file on 14-MAR-2023
Order dated 13-MAR-2023 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 24-FEB-2023 Result: "THIS COURT ORDERS that: 1. The Plaintiff/Defendant by Counterclaim (the "Plaintiff") shall provide answers to any questions ordered or agreed to be answered arising from the Defendants/Plaintiffs by Counterclaim's (the "Defendants") motion to compel heard on February 27, 2023, by March 31, 2023. 2. Follow up discovery on answers and documents provided: a. by the parties in answers to undertakings arising from the discoveries held September 7, 2022 and September 27, 2022; and b. in response to questions ordered or agreed to be answered arising from the Defendants' motion to compel served January 12, 2023 and heard on February 27, 2023, shall be done in writing. 3. Each party shall deliver no more than 30 written discovery questions by April 28, 2023. 4. The responding party shall serve answers to the written discovery questions referred to in paragraph 3 by May 26, 2023. 5. Counsel for the parties shall discuss the possibility of settlement no later than June 23, 2023. 6. The Plaintiff shall serve its expert report(s) in chief by August 22, 2023. 7. The Plaintiff shall serve and file a Requisition for Pre-Trial Conference accompanied by a Pre-Trial Conference Memorandum by August 29, 2023. The Parties are dispensed with the requirement to file any statements of expert witnesses when filing their Pre-Trial Conference Memoranda. 8. The parties shall file submissions as to a scheduled for the remaining steps in this action to trial by October 23, 2023. 9. The Defendants shall serve their expert report(s) in response by December 31, 2023." Filed on 13-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1586 page(s) 239 - 241 Interlocutory Decision
Order dated 13-MAR-2023 rendered by Catherine Coughlan, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 29 Result: "THIS COURT ORDERS that: 1. The Plaintiff/Defendant by Counterclaim (the "Plaintiff") shall answer the following Items in Scheduled "A" to the Defendants' Written Representations, filed January 12, 2023: (a) Item 5: The Plaintiff shall advise how long the sign on the bottom left hand corner of page 13 in Exhibit A was up in the gym in Red Deer. (b) Item 13 shall be answered by providing the following for the Plaintiffs social media: please see attached order for remaining order details..." Filed on 13-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1586 page(s) 211 - 213 Interlocutory Decision
Communication to the Court from the Registry dated 13-MAR-2023 re: Letters ID 76 and ID 78 communicated to the Court.
Draft Order concerning Motion Doc. No. 29 received on 03-MAR-2023
Letter from Defendant dated 03-MAR-2023 Cover letter for a draft order,as per outcome of the hearing on 27-FEB-2023. received on 03-MAR-2023
Draft Order concerning Proposed scheduling draft Order received on 24-FEB-2023
Letter from Plaintiff dated 24-FEB-2023 Cover letter for the proposed scheduling draft order. received on 24-FEB-2023
Edmonton 27-FEB-2023 BEFORE Catherine Coughlan, Prothonotary Language: E Before the Court: Motion Doc. No. 29 on behalf of Defendant Result of Hearing: Questions to be answered, Defendant to prepare draft order. No cost. held by way of video conference Duration per day: 27-FEB-2023 from 09:58 to 10:13 Courtroom : Conference Room - Edmonton Court Registrar: Liubov Sushko Total Duration: 15 min Appearances: Mr. Omar 587-273-3333 representing Plaintiff Ms. Savoy and Ms. Robinson 613-786-0180 representing Defendant Minutes of Hearing entered in Vol. 1092 page(s) 78 - 79 Abstract of Hearing placed on file
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 29 filed on 23-FEB-2023
Affidavit of Shawn Freeborn sworn on 07-FEB-2023 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 29 with Exhibits "A-B" filed on 23-FEB-2023
Letter from Plaintiff dated 23-FEB-2023 Writing to the Court seeking to have the Plaintiff's late submission accepted for use at the February 27 motion hearing. received on 23-FEB-2023
Affidavit of service of Jennifer Covey sworn on 23-FEB-2023 on behalf of Plaintiff confirming service of doc. 34 (Plaintiff's responding motion to doc. 29) upon Defendants by email on 23-FEB-2023 with Exhibits "A" filed on 23-FEB-2023
Motion Record in response to Motion Doc. No. 29 Number of copies received: 1 on behalf of Plaintiff filed on 23-FEB-2023
Letter from Defendants, Planet Fitness dated 21-FEB-2023 Writing to inform the Court in advance of the February 27 motion hearing for the Defendants' the motion will only be in relation to Items 5, 6, 13, and 14 of Schedule "A" due to the Plaintiff's providing additional answers to outstanding questions. received on 21-FEB-2023
Acknowledgment of Receipt received from defendants with respect to Directions (ID 67) placed on file on 19-JAN-2023
Written directions received from the Court: Catherine Coughlan, Prothonotary dated 18-JAN-2023 directing that "The Defendant's motion to compel answers to questions not answered or refused on discovery shall be heard at a Special Sitting of the Court on February 27, 2023 at 10:00 am MST for a duration of two (2) hours." placed on file on 18-JAN-2023 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 16-JAN-2023 re: Letter from the Defendants dated 12-JAN-2023 communicated to CMJ.
****** CANCELLED ****** Letter from Defendants dated 12-JAN-2023 Writing pursuant to Order dated September 27, 2022, and tender for filing a motion record to compel answers to questions not answered or refused along with Book of Authorities and include the parties mutual availabilities towards setting a CMC. received on 12-JAN-2023
Letter from Defendants dated 12-JAN-2023 Advising on filing a Motion Record to compel and providing the parties mutual availablity for the hearing of the motion. received on 12-JAN-2023
Solicitor's certificate of service on behalf of Martha Savoy confirming service of doc. 29 (Defendants motion record to compel) and ID 62 - Authorities upon Plaintiff by email on 12-JAN-2023 filed on 12-JAN-2023
Book of Authorities consisting of 0 volume(s) on behalf of Defendants received on 12-JAN-2023
Motion Record containing the following original document(s): 29 30 31 Number of copies received: 1 on behalf of Defendants filed on 12-JAN-2023
Written Representations contained within a Motion Record on behalf of Defendants concerning Motion Doc. No. 29 filed on 12-JAN-2023
Affidavit of Susan Burkhardt sworn on 12-JAN-2023 contained within a Motion Record on behalf of Defendants in support of Motion Doc. No. 29 with Exhibits "A-H" filed on 12-JAN-2023
Notice of Motion contained within a Motion Record on behalf of Defendants in writing to be dealt with in the Edmonton local office for an Order to compel answers to questions not answered or refused on Discovery and such further and other documents this Honourable Court may permit. filed on 12-JAN-2023
Acknowledgment of Receipt received from Defendants with respect to Order (doc. 28) placed on file on 28-SEP-2022
Order dated 27-SEP-2022 rendered by Kathleen Ring, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendants/Plaintiffs by Counterclaim "THIS COURT ORDERS that: dated 12-SEP-2022 re: "THIS COURT ORDERS that: 1. Examinations for Discovery, subject to any questions which might arise from answers provided in accordance with paragraph 2 below and from answers arising from motions in accordance with paragraph 3 below, shall be completed by September 29, 2022. 2. Answers to any undertakings given on discovery shall be exchanged on or before November 30, 2022. 3. Any motions arising out of examinations for discovery shall be served and filed by January 13, 2023, and will include the parties mutual availability for the hearing of the motion. 4. Responding motion records shall be served and filed by February 3, 2023. 5. The parties shall provide the Court with a further proposed schedule for next steps in the proceeding by February 24, 2023." Result: granted Filed on 27-SEP-2022 entered in J. & O. Book, volume 1558 page(s) 149 - 150 Interlocutory Decision
Draft Order concerning Revised scheduling order with consent of the Plaintiff received on 12-SEP-2022
Letter from Defendant dated 12-SEP-2022 Writing to provide the Court an update on the examination of discovery and also include a slightly revised draft scheduling order on consent of the Plaintiff. received on 12-SEP-2022
Acknowledgment of Receipt received from all parties with respect to Doc 27 placed on file on 19-MAY-2022
Order dated 18-MAY-2022 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 13-MAY-2022 Result: THIS COURT ORDERS that: 1. In this Order: (a) "Proceeding" means this action and any appeals; (b) "Plaintiff" means Planet Fitness Inc.; (c) "Counsel for Plaintiff" means: i. the law firm of Vesta Law LLP, solicitors of record for the Plaintiff in this Proceeding, and their members and regular employees; (d) "Defendants" means Planet Fitness Franchising LLC and PFIP, LLC; (e) "Counsel for Defendants" means: i. the law firm of Gowling WLG (Canada) LLP, solicitors of record for the Defendants in this Proceeding, and their members and regular employees; ii. the law firm of Day Pitney LLP, outside US counsel for the Defendants and their members and regular employees; . . . for the rest of the Order reffer to the attachment. Filed on 18-MAY-2022 copies sent to parties entered in J. & O. Book, volume 1539 page(s) 150 - 165 Interlocutory Decision
Draft Order concerning Protective Order on consent of both parties received on 17-MAY-2022
Letter from Defendants counsel dated 17-MAY-2022 Parties write pursuant to the Court's advisement of para 17 of their draft protective order in clarifing the use of the word "Agreement" vs. "Order" and the parties advised they have consented to the word "Order." received on 17-MAY-2022
Draft Order concerning Issuance of the Protective Order consented to by Plaintiff Defendant received on 13-MAY-2022
Letter from Defendant to the Court dated 13-MAY-2022 Request for issuance of the Protective Order without the need for a formal motion. received on 13-MAY-2022
Acknowledgment of Receipt received from both parties with respect to Order DOC 25 placed on file on 11-MAY-2022
Order dated 11-MAY-2022 rendered by Catherine Coughlan, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff Defendant dated 10-MAY-2022 Result: THIS COURT ORDERS that: 1. The parties shall submit an informal motion for a Protective Order by May 20, 2022. 2. Affidavits of Documents and Schedule 1 productions are to be exchanged by June 30, 2022. 3. Examinations for Discovery, subject to any questions which might arise from answers provided in accordance with paragraph 4 below and from answers arising from motions in accordance with paragraph 5 below, shall be completed by September 15, 2022. 4. Answers to any undertakings given on discovery shall be exchanged on or before November 15, 2022. 5. Any motions arising out of examinations for discovery shall be served and filed by December 19, 2022 and will include the party's mutual availability for the hearing of the motion. 6. Responding motion records shall be served and filed by January 27, 2023. 7. The parties shall provide the Court with a further proposed schedule for next steps in the proceeding by February 24, 2023. Filed on 11-MAY-2022 copies sent to parties entered in J. & O. Book, volume 1538 page(s) 60 - 61 Interlocutory Decision
Draft Order concerning scheduling order (consented timetable) received on 10-MAY-2022
Letter from Defendants counsel dated 10-MAY-2022 Letter to accompany enclosed draft consented scheduling order received on 10-MAY-2022
Memorandum to file from Edmonton dated 06-MAY-2022 File management has been transferred to the Edmonton Local Office, parties have been notified. placed on file.
Memorandum to file from Calgary dated 07-MAR-2022 Status Update on file sent to CMJ placed on file.
Solicitor's certificate of service on behalf of Martha Savoy confirming service of the Defendant's Reply to Defence to Counterclaim upon Plaintiff by e-mail on 16-DEC-2021 filed on 16-DEC-2021
Reply to Defence to Counterclaim on behalf of Defendant Filed on 16-DEC-2021
Affidavit of service of Tauni Dougherty sworn on 07-DEC-2021 on behalf of Plaintiff confirming service of Doc# 21 upon Defendant by email by consent on 06-DEC-2021 with Exhibits A filed on 07-DEC-2021
Reply to Statement of Defence and Counterclaim on behalf of Plaintiff Filed on 06-DEC-2021
Solicitor's certificate of service on behalf of Martha Savoy confirming service of document no. 19 upon Plaintiff Planet Fitness Inc. c/o Vesta Law LLP by e-mail on 26-OCT-2021 filed on 26-OCT-2021
Defence and Counterclaim filed on 26-OCT-2021
Acknowledgment of Receipt received from Defendant with respect to the Order of the Court dated October 15, 2021 placed on file on 19-OCT-2021
Order dated 15-OCT-2021 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 23-SEP-2021 Result: "IT IS ORDERED pursuant to Rule 383 that Prothonotary Catherine A. Coughlan is assigned as Case Management Judge in this matter. " Filed on 15-OCT-2021 entered in J. & O. Book, volume 1512 page(s) 200 - 200 Interlocutory Decision
Memorandum to file from Ottawa dated 23-SEP-2021 sent to trial JA for hearing date to be set down placed on file.
Affidavit of service of Tauni Dougherty sworn on 06-OCT-2021 on behalf of Plaintiff confirming service of Amended Statement of Claim Doc# 16 upon Defendant by electronic mail on 06-OCT-2021 filed on 06-OCT-2021
Amended Statement of Claim filed on 06-OCT-2021
Acknowledgment of Receipt received from all parties with respect to the Order of the Court dated September 22, 2021 placed on file on 29-SEP-2021
Order dated 22-SEP-2021 rendered by The Honourable Mr. Justice Brown Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 5 Result: "THIS COURT ORDERS that: 1. The motion is granted in part. 2. References to 'infringing activities' in paragraphs 5, 9 and 16 of the proposed Amended Statement of Claim are struck. 3. The words "words, design, colours, and figures featured in the" are not struck from paragraph 1(a)(iii) of the proposed Amended Statement of Claim. 4. The Plaintiff within 20 days of this Order shall provide the Defendant with a further and better response to demand for particulars to specify the particular sections, subsections and paragraphs etc. of the Trademarks Act relied upon. 5. Paragraph 25 of the proposed Amended Statement of Claim is struck. 6. This case should be case managed and I will so recommend to the Chief Justice. 7. The time within which the Defendant may serve and file its Statement of Defence and Counterclaim is extended to a date 20 days after the later of the date the Plaintiff serves and files its Amended Statement of Claim in compliance with paragraphs 2, 3 and 5 of this Order, and the date the Plaintiff serves the Defendant with the further and better response to demand for particulars pursuant to paragraph 4 of this Order. 8. The Plaintiff shall pay to the Defendant the sum of $1,500.00 as all-inclusive costs of this motion in the cause." Filed on 22-SEP-2021 entered in J. & O. Book, volume 1509 page(s) 181 - 193 Interlocutory Decision
Memorandum to file from Calgary dated 15-SEP-2021 In response to the Defendants letter ID#27 the Plaintiff emailed CAL reception to confirm they take no issue with removing para. 25// ID 27 forwarded to OTT-GP placed on file.
Letter from Defendant dated 15-SEP-2021 In response to the Direction of the Court and further to correspondence of the Plaintiff received by the Court Sept 14, 2021. Providing their position with proof of service upon Plaintiff on 15-SEP-2021 received on 15-SEP-2021
Memorandum to file from C. Doré dated 15-SEP-2021 letter (ID24) from the Plaintiff was forwarded for the Court's consideration placed on file.
Memorandum to file from Calgary dated 15-SEP-2021 Letter ID# 24 forwarded to OTT-GP placed on file.
Letter from Plaintiff dated 14-SEP-2021 Further to the directions of the Court the Plaintiff provides an proposed amended statement of claim; proposed further response for particulars; letter with comments of the Defendant and their position of the issues remaining before the Court. with proof of service upon Defendant on 14-SEP-2021 received on 14-SEP-2021
Acknowledgment of Receipt received from all parties with respect to Directions of the Court (ID 21) received via email placed on file on 09-SEP-2021
Memorandum to file from Calgary dated 09-SEP-2021 Re: Today's date I contacted all counsel and advised of Directions of the Court (ID 21) placed on file.
Written directions received from the Court: The Honourable Mr. Justice Brown dated 09-SEP-2021 directing that "Given the considerable number of issues in respect of which the Plaintiff referenced the possible advisability of further amending the Plaintiff's Statement of Claim, and or providing a Further Response to the Defendant's Demand for Particulars, the Court would appreciate receiving a draft Further Amended Statement of Claim, and or a Further and Better Response to the Demand for Particulars on which the parties agree. Further, the Court requests a clear statement of the remaining issues on which the parties do not agree, for resolutions by the Court, ideally as agreed by the parties. The Court requests these documents on or before close of business, September 14, 2021." placed on file on 09-SEP-2021 Confirmed in writing to the party(ies)
Calgary 07-SEP-2021 BEFORE The Honourable Mr. Justice Brown Language: E Before the Court: Motion Doc. No. 5 on behalf of Defendant (Applicant in the motion) Result of Hearing: Matter reserved held by way of video conference Duration per day: 07-SEP-2021 from 09:36 to 11:22 Courtroom : Calgary (Zoom) Court Registrar: Kinnery Naik Total Duration: 1h 46min Appearances: Ms. Martha Savoy 613-233-1781 representing Defendant/Applicant in Motion Mr. Nathan Piche 613-233-1781 representing Defendant/Applicant in Motion Ms. Julia Ibanescu 587-273-3333 representing Plaintiff/Respondent in Motion Comments: recorded via Zoom and backup TASCAM Minutes of Hearing entered in Vol. 1068 page(s) 122 - 125 Abstract of Hearing placed on file
Authorities consisting of 1 volume(s) on behalf of Respondent received on 07-SEP-2021 Sent directly to Presiding Judge
Memorandum to file from Calgary Office dated 02-SEP-2021 Written Representations of the Defendant received on today's date in Microsoft Word format further to the Oral Direction of September 2, 2021. The Written Representations have been sent to the Presiding Judge. placed on file.
Memorandum to file from Calgary dated 02-SEP-2021 Re: Today's date I contacted all counsel by phone to advise of the Direction of the Court (ID 16) placed on file.
Oral directions received from the presiding judge dated 02-SEP-2021 directing that "The parties are requested to provide the Court with copies of their Memorandum of Fact and Law in Word as soon as possible. Ideally before close of business on Friday, September 3, 2021, which will assist me in hearing this matter." placed on file on 02-SEP-2021 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of Nathan Piché confirming service of Defendant's Motion Record and Book of Authorities upon Plaintiff by e-mail on 01-SEP-2021 filed on 01-SEP-2021
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 01-SEP-2021
Motion Record containing the following original document(s): 5 6 7 12 Number of copies received: 1 on behalf of Defendant filed on 01-SEP-2021
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 5 filed on 01-SEP-2021
Affidavit of service of Tauni Dougherty sworn on 31-AUG-2021 on behalf of Plaintiff, Planet Fitness Inc confirming service of Responding Motion Record (Doc 10) upon Defendant by email with consent on 31-AUG-2021 filed on 31-AUG-2021
Motion Record in response to Motion Doc. No. 5 containing the following original document(s): 9 Number of copies received: 1 on behalf of Plaintiff (Respondent in the Motion) filed on 31-AUG-2021
Written Representations contained within a Motion Record on behalf of Plaintiff (Respondent in Motion) concerning Motion Doc. No. 5 filed on 31-AUG-2021
Solicitor's certificate of service on behalf of Martha J. Savoy confirming service of Doc#5: Notice of Motion; Doc#6: Affidavit of Jayson Dinelle; Doc#7: Affidavit of Justin Vartanian upon Plaintiff by email on 17-AUG-2021 filed on 17-AUG-2021
Affidavit of Justin Vartanian sworn on 16-AUG-2021 on behalf of Defendants in support of Motion Doc. No. 5 with Exhibits A-C filed on 17-AUG-2021
Affidavit of Jayson Dinelle sworn on 17-AUG-2021 on behalf of Defendants in support of Motion Doc. No. 5 with Exhibits A-E filed on 17-AUG-2021
Notice of Motion on behalf of Defendants returnable at General Sitting in Calgary on 07-SEP-2021 to begin at 09:30 duration: 1h 30min language: E for an Order granting an ext of time, case management, to strike and for particulars (see electronic version for complete remedies sought) filed on 17-AUG-2021
Consent on behalf of all parties to "electronic service of all documents in this matter that are not required to be served personally" (see electronic document for contact details) with proof of service upon all parties on 16-JUL-2021 filed on 19-JUL-2021
Solicitor's certificate of service on behalf of Martha J. Savoy confirming service of Doc#2: Notice of Intention to Respond on behalf of Defendants dated June 29, 2021. upon Plaintiff by email on 29-JUN-2021 filed on 29-JUN-2021
Notice of Intention to Respond on behalf of Defendants filed on 29-JUN-2021
Statement of Claim and 2 copies filed on 03-MAY-2021 Tariff other action - $150.00
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