Interbox Promotion Corp. v. 2428-0414 Québec Inc.
Court headnote
Interbox Promotion Corp. v. 2428-0414 Québec Inc. Court (s) Database Federal Court Decisions Date 2002-02-25 Neutral citation 2002 FCT 198 File numbers T-1788-99 Decision Content Date: 20020225 Docket: T-1788-99 Neutral Citation: 2002 FCT 198 Montréal, Quebec, February 25, 2002 Present: Mr. Richard Morneau, Prothonotary BETWEEN: INTERBOX PROMOTION CORPORATION Plaintiff and 2428-0414 QUÉBEC INC. and THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO Defendants Motion by the defendant Bar-Salon 447 Inc., to: ALLOW a stay of the judicial sale of the movable property of the defendant Bar-Salon 447 Inc. on terms considered appropriate by this Court; THE WHOLE without costs, unless the motion is contested. REASONS FOR ORDER AND ORDER [1] This motion must be assessed in terms of Rule 398(1)(a) of the Federal Court Rules, 1998. [2] The case law under this rule requires compliance with the three-pronged test in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110. In this case the second prong of this test, proof of irreparable harm if the sale occurs, is certainly not met. The affidavit in support of the motion is by counsel for the moving party and this affidavit in no way demonstrates that any such harm would be incurred if there is a sale. Moreover, the written submissions of the adverse party make me strongly doubt that a serious question has been demonstrated here, that is, that the seriousness of the motion to vacate has been established. [3] This motion i…
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Interbox Promotion Corp. v. 2428-0414 Québec Inc. Court (s) Database Federal Court Decisions Date 2002-02-25 Neutral citation 2002 FCT 198 File numbers T-1788-99 Decision Content Date: 20020225 Docket: T-1788-99 Neutral Citation: 2002 FCT 198 Montréal, Quebec, February 25, 2002 Present: Mr. Richard Morneau, Prothonotary BETWEEN: INTERBOX PROMOTION CORPORATION Plaintiff and 2428-0414 QUÉBEC INC. and THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO Defendants Motion by the defendant Bar-Salon 447 Inc., to: ALLOW a stay of the judicial sale of the movable property of the defendant Bar-Salon 447 Inc. on terms considered appropriate by this Court; THE WHOLE without costs, unless the motion is contested. REASONS FOR ORDER AND ORDER [1] This motion must be assessed in terms of Rule 398(1)(a) of the Federal Court Rules, 1998. [2] The case law under this rule requires compliance with the three-pronged test in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110. In this case the second prong of this test, proof of irreparable harm if the sale occurs, is certainly not met. The affidavit in support of the motion is by counsel for the moving party and this affidavit in no way demonstrates that any such harm would be incurred if there is a sale. Moreover, the written submissions of the adverse party make me strongly doubt that a serious question has been demonstrated here, that is, that the seriousness of the motion to vacate has been established. [3] This motion is therefore dismissed with costs. Richard Morneau Prothonotary Certified true translation Suzanne M. Gauthier, C. Tr., LL.L APPENDIX FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020225 Docket: T-1788-99 Between: INTERBOX PROMOTION CORPORATION Plaintiff and 2428-0414 QUÉBEC INC. AND THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO Defendants REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET NO: T-1788-99 STYLE: INTERBOX PROMOTION CORPORATION Plaintiff and 2428-0414 QUÉBEC INC. AND THE OTHERS NAMED IN THE APPENDIX ATTACHED HERETO Defendants PLACE OF HEARING:Montréal, Quebec DATE OF HEARING: February 18, 2002 REASONS FOR ORDER OF Mr. RICHARD MORNEAU, PROTHONOTARY DATED: February 25, 2002 APPEARANCES: Daniel Artola for the plaintiff Pierre Robillard for the defendant Bar-Salon 447 Inc. SOLICITORS OF RECORD: McCarthy Tétrault Montréal, Quebec for the plaintiff Boivin & Deschamps Laval, Quebec for the defendant Bar-Salon 447 Inc. Borden Ladner Gervais Montréal, Quebec for the defendant Hippo-Club (9012-4314 Québec Inc.) Kounadis Perrault Montréal, Quebec for the defendant Restaurant Bar Réal Massé Quessy, Henry, St-Hilaire Québec, Quebec for the defendants Bar Le Mundial and Bar le Palladium
Source: decisions.fct-cf.gc.ca