| Citation: |
Simpson Strong-Tie Co. Inc. v. Peak Innovations Inc., 2009 FC 392, [2009] 3 F.C.R. D-22 |
T-1570-07, T-1571-07 |
Trade-Marks
Practice
Appeal from Prothonotary’s order dismissing motion for production of documents in cross-examination on affidavit, answers to questions therein, in course of underlying appeal of Registrar of Trade-marks’ decision—Affiants, respondent not providing documents and answers beyond scope of affidavits—Prothonotary correctly holding Federal Courts Rules, SOR/98-106, r. 91(2)(c) directly applicable, limiting document production in cross-examination on affidavit to documents in affiants’ possession, power, control—In choosing to proceed by application rather than action, applicant must observe limitations attendant on application proceedings—R. 91(2)(c), specific, precise, preferred over generally worded provision of r. 94 dealing with oral examinations—Prothonotary’s order dealing with interlocutory matter which should not be disturbed since not clearly wrong—Appeal dismissed.
Simpson Strong-Tie Co. Inc. v. Peak Innovations Inc. (T-1570-07, T-1571-07, 2009 FC 392, Mandamin J., judgment dated April 21, 2009, 11 pp.)