Havana House Cigar & Tobacco Merchants Ltd. v. Persons Unknown
T-2521-97
Rothstein J.
2/4/98
5 pp.
Motion to add Copa-Habana Smoke & Cigar Shop as defendant, plaintiff by counterclaim to action-Copa-Habana supplying, on consignment, to parties named by plaintiffs as defendants, Kozy Korner's and Nigro, cigars allegedly counterfeit-Plaintiffs not wanting Copa-Habana to be defendant, even though style of cause naming "other persons, names unknown, who offer for sale, sell, import, manufacture, distribute, advertise or deal in unauthorized or counterfeit Havana House merchandise"-Kozy Korner's, Nigro retail sellers, Copa-Habana distributor to them-Copa-Habana should not have to accept that interest, ability to market merchandise as original distributor to them should have to be defended vicariously-Rights, pocket-book directly affected by order made against Kozy Korner's, Nigro-Copa Habana having therefore direct interest to protect-Plaintiff should not be required to sue defendants it chooses not to sue-However, R. 1716(2)(b ) provides for addition of party in certain circumstances-Decision as to parties in action not entirely within plaintiffs' discretion-Copa-Habana falling within general description of defendants plaintiffs sought to restrain-Plaintiffs not offering satisfactory explanation for not adding Copa-Habana as defendant-Copa-Habana added as defendant, plaintiff by counterclaim-Federal Court Rules, C.R.C., c. 663, R. 1716(2)(b).