Samsonite Canada Inc. v. Costco Wholesale Corp.
T-500-92
Giles A.S.P.
8/12/93
5 pp.
Motion to strike amended statement of defence -- Preliminary matter questioning propriety of counsel appearing on motion in which affidavit of member of party's law firm tendered in evidence -- Where affidavit filed by lawyer in support of motion, lawyer should refrain from appearing on motion -- While giving of evidence by solicitors should be discouraged, where admission of lawyer's evidence necessary for practical reasons, lawyer should not be precluded from appearing on motions or at trial where evidence not intended to be used -- Instant motion can be decided under R. 419(1)(a) without resort to evidence in affidavit -- Motion attacking paragraphs of statement of defence filed in response to statement of claim in which plaintiff claiming ownership of certain copyrights alleged to have been infringed -- Sufficient factual allegations in paragraphs of statement of defence to reveal grounds of defence -- Parts of statement of defence struck out -- Paragraph of earlier statement of defence alleging ownership in Samsonite U.S. ordered reinstated -- Motion allowed in part -- Federal Court Rules, C.R.C., c. 663, R. 419.