Coca-Cola Ltd. v. Pardhan
T-2685-95
Hugessen J.
20/4/98
4 pp.
Motion for order confirming order striking statement of claim dissolved interlocutory injunction-Wetston J. striking entire statement of claim without leave to amend-Declining to deal with request to rescind or vary interlocutory injunction against defendants-No known Canadian authority dealing with this matter-Halsbury's Laws of England, vol. 24, 4th ed., para. 1024, page 543, briefly stating dismissal of action carrying automatically with it dissolution of any outstanding interlocutory injunction-Although that statement of law correct, narrower point herein-Both order, reasons clear Wetston J. not dismissing action-Application to have action dismissed might now be successful since no subsisting statement of claim to support it-But terms of order clear: statement of claim struck; costs of motion given; action left in being; no costs awarded as would be normal incident of dismissal-Wetston J.'s order not dissolving interlocutory injunction-Motion dismissed with costs.