Risi Stone Ltd. v. Groupe Permacon Inc.
T-1005-89
Dubé J.
16/2/95
6 pp.
Application for striking out or withdrawal of defendant's counterclaim having to do with patent 296 on ground plaintiffs discontinued their application regarding patent and infringement action now based only on patent 295-Patents 295 and 296 resulted from division imposed by Patent Office on single patent application filed earlier by plaintiffs-Two patents describe concrete block intended for incorporation in supporting wall system-Question whether counterclaim should take its course or be struck out and tried separately covered by R. 1718(3)-Court has very broad discretion in assessing reasons why counterclaim should or should not be struck from principal action-R. 1718(3) simply providing if "for any reason" subject-matter ought to be disposed of by separate action, Court may strike it from counterclaim and order it be tried separately-In case at bar, even if counterclaim requires two or three more days of hearing, still preferable to extending hearing to require holding of separate trial-Application dismissed-Federal Court Rules, C.R.C., c. 663, R. 1718.