Heartwood Manufacturing Ltd. v. Foliot Inc.
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Heartwood Manufacturing Ltd. v. Foliot Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-01-14 Neutral citation 2003 FCA 21 File numbers A-527-02 Decision Content Date: 20030115 Docket: A-527-02 (T-1125-02) Neutral citation: 2003 FCA 21 CORAM: RICHARD C.J. LÉTOURNEAU J.A. NADON J.A. BETWEEN: HEARTWOOD MANUFACTURING LTD. and MEDICINE HAT COLLEGE Appellants and FOLIOT INC. Respondent Heard at Ottawa, Ontario, on January 14, 2003. Judgment delivered from the Bench at Ottawa, Ontario, on January 14, 2003. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20030115 Docket: A-527-02 (T-1125-02) Neutral citation: 2003 FCA 21 CORAM: RICHARD C.J. LÉTOURNEAU J.A. NADON J.A. BETWEEN: HEARTWOOD MANUFACTURING LTD. and MEDICINE HAT COLLEGE Appellants and FOLIOT INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on January 14, 2003.) RICHARD C.J. [1] We have not been convinced that the motions judge improperly exercised his discretion in refusing to order that Mr. Foliot re-attend on cross-examination to answer further questions arising from his answer to undertaking # 4. [2] Accordingly, the appeal from that portion of the Order of the motions judge will be dismissed. [3] The Order of the motions judge that a portion of the answer provided by Mr. Foliot in response to undertaking # 4 be struck from the evidence was made by the motions judge without any request from the parties and we fail to see on what basis this could ha…
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Heartwood Manufacturing Ltd. v. Foliot Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-01-14 Neutral citation 2003 FCA 21 File numbers A-527-02 Decision Content Date: 20030115 Docket: A-527-02 (T-1125-02) Neutral citation: 2003 FCA 21 CORAM: RICHARD C.J. LÉTOURNEAU J.A. NADON J.A. BETWEEN: HEARTWOOD MANUFACTURING LTD. and MEDICINE HAT COLLEGE Appellants and FOLIOT INC. Respondent Heard at Ottawa, Ontario, on January 14, 2003. Judgment delivered from the Bench at Ottawa, Ontario, on January 14, 2003. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20030115 Docket: A-527-02 (T-1125-02) Neutral citation: 2003 FCA 21 CORAM: RICHARD C.J. LÉTOURNEAU J.A. NADON J.A. BETWEEN: HEARTWOOD MANUFACTURING LTD. and MEDICINE HAT COLLEGE Appellants and FOLIOT INC. Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on January 14, 2003.) RICHARD C.J. [1] We have not been convinced that the motions judge improperly exercised his discretion in refusing to order that Mr. Foliot re-attend on cross-examination to answer further questions arising from his answer to undertaking # 4. [2] Accordingly, the appeal from that portion of the Order of the motions judge will be dismissed. [3] The Order of the motions judge that a portion of the answer provided by Mr. Foliot in response to undertaking # 4 be struck from the evidence was made by the motions judge without any request from the parties and we fail to see on what basis this could have been done. [4] Accordingly, the appeal from this part of the Order of the motions judge will be allowed. [5] In view of the mitigated success, each party will bear its own costs. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-527-02 STYLE OF CAUSE: HEARTWOOD MANUFACTURING LTD. ET AL. v. FOLIOT INC. PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: JANUARY 14, 2003 REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. LÉTOURNEAU J.A. NADON J.A. DELIVERED FROM THE BENCH BY: RICHARD C.J. APPEARANCES: Ms. Diane E. Cornish Ms. Genevieve Domey FOR THE APPELLANTS Mr. Richard Dufour FOR THE RESPONDENT SOLICITORS OF RECORD: Osler Hoskin & Harcourt Ottawa, Ontario FOR THE APPELLANTS Dufour Mottet Laval, Québec FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca