Norac Systems International Inc. v. Massload Technologies Inc.
T-1973-95
Nadon J.
28/6/96
13 pp.
Patents-Infringement-Application for order striking out defendants' statement of defence or for particulars-Patent for mobile weighing system-Plaintiff seeking declaration patent valid and infringed by defendants; and interlocutory and permanent injunctions restraining defendants from infringing patent-Entire statement of defence suffering from defendants' failure to conform with R. 413 (party pleading to pleading of another party must admit, plead lack of knowledge of or deny allegations of fact)-Not plain and obvious statement of defence, although defective, disclosing no reasonable defence-Not so defective should be struck-Not so immaterial, frivolous or abusive as to be clearly futile-Paragraph 4 of statement of defence irrelevant, prejudicial, vexatious and without foundation, therefore, ordered struck-Plaintiff's motive in bringing action irrelevant-Paragraphs 5 and 6 struck and leave to amend granted: issues raised therein must be narrowed, must be linked to allegations raised in statement of claim, to clarify intent of paragraphs-Particulars ordered provided with respect to paragraph 7 as inadequate: simply raising question of law without support of material facts on which conclusion based-Particulars also ordered with respect to paragraphs 8 to 10 as too broadly stated for plaintiff to be able to adequately respond-Federal Court Rules, C.R.C., c. 663, R. 413.