Smithkline Beecham Animal Health Inc. v. Interpharm Inc.
T-2858-92
Wetston J.
15/9/93
8 pp.
Appeal from order of Associate Senior Prothonotary dismissing defendants' motion to strike amended statement of claim as disclosing no reasonable cause of action -- Action involving claim for patent and trade mark infringement -- Scope of trial judge's discretion on appeal from decision of prothonotary set out in Canada v. Aqua-Gem Investments Ltd., [1993] 2 F.C. 425 (C.A.) -- Under R. 419, defendants must show pleading obviously forlorn and futile -- Plaintiffs alleging joint tortfeasorship, not civil conspiracy -- Distinction between joint tortfeasorship and civil conspiracy apparent -- Paragraphs containing allegations of misrepresentation, fraud or undue influence under R. 415 sufficient, not scandalous, vexatious or frivolous -- Paragraphs allege sufficient material facts to disclose reasonable cause of action -- No basis under R. 419 to strike paragraphs alleging personal liability -- Appeal dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 415, 419.