Illva Saronno S.p.A. v. Privilegiata Fabrica Maraschino "Excelsior"
T-1604-95
Giles A.S.P.
8/9/98
2 pp.
Motion for order for reference as to quantum of damages and profits including issues of apportionment-Motion dismissed-While discovery might possibly thereby be shortened, not open to Court to so conclude without some evidence-Only evidence as to expense and labour involved in investigating damages-Requirement of evidence of some inevitable saving such as that of deferring discovery until after election made as to damages or profits which now does not necessarily have to be done until after trial-Application of VISX Inc. v. Nidek Co., [1998] F.C.J. No. 811 (C.A.) wherein Court stated governing principles well-known and established in Depuy (Canada) Ltd. v. Joint Medical Products Corp. (1996), 67 C.P.R. (3d) 145 (F.C.A.), thereby importing case law under former R. 480 for determining issues under new r. 107-Therefore, necessary for litigants seeking separate determination of issues to show there will necessarily be some saving of expense and time if discovery at trial of damages or profits postponed until matter of liability settled-Fact discovery and trial time would be reduced if defendant successful at trial not sufficient, and defendant will therefore be left to obtain what compensation it can under R. 400(3)(i)-Federal Court Rules, C.R.C., c. 663, RR. 400, 480-Federal Court Rules, 1998, SOR/98-106, r. 107.