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Entreprise Rent-A-Car Co. v. Singer

T-1078-93

Rouleau J.

9/9/94

6 pp.

Application for order excluding each of personal defendants from attending at examination for discovery of other and from reading transcripts or notes from examination for discovery of other until both examined -- Case dealing with adoption of trade mark -- Both personal defendants involved with application, in control of central issue -- Answers given on discovery can later be amplified upon or contradicted by further evidence at trial, not necessarily only admissions upon which one can rely -- Onus of proving justice better served if personal defendants excluded met by applicants-Possibility of injustice for failure to exclude more substantial to plaintiffs -- Sufficient basis for apprehension -- Exclusion will reduce risk of effect evidence of one will have on other-Application allowed.

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