TRADE MARKS |
Practice |
Anchor Brewing Co. v. Sleeman Brewing & Malting Co.
T-1158-99
MacKay J.
14/9/00
6 pp.
Appeal from decision by Prothonotary declining to order answering of certain questions asked in discovery of plaintiff's representative--Action for trade mark infringement, passing off commenced by plaintiff's statement of claim filed June 23, 1999--In discovery of plaintiff's representative, most questions put by defendant answered, either during discovery or upon subsequent consideration--Answers to number of others refused, defendant's motion to compel answers leading to decision now appealed from--Whether Prothonotary erred in law--Court in reviewing prothonotary's discretionary ruling will only intervene where latter clearly erred in law in that decision based on wrong principle, misapprehension of facts, or in error and deals with matter vital to final issues of case--Defendant entitled to ask questions in relation to claims of confusion with plaintiff's interests in unregistered trade mark rights--Questions at issue relating to matters concerning registration of trade marks in United States, activities arising therefrom, not relevant to plaintiff's interests in unregistered trade marks rights in Canada plaintiff claims--Not relevant to facts, issues pleaded in statement of claim--Prothonotary's order not clearly wrong--Appeal dismissed.