Federal Court· 2009Unreviewed source text
Weatherford Canada Ltd. v. Corlac Inc.
2009 FC 569
EvidenceJD
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Weatherford Canada Ltd. v. Corlac Inc. Court (s) Database Federal Court Decisions Date 2009-06-02 Neutral citation 2009 FC 569 File numbers T-1236-01 Decision Content Federal Court Cour fédérale Date: 20090602 Docket: T-1236-01 Citation: 2009 FC 569 Toronto , Ontario , June 2, 2009 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: WEATHERFORD CANADA LTD., WEATHERFORD CANADA PARTNERSHIP, EDWARD GRENKE AND GRENCO INDUSTRIES LTD. Plaintiffs (Defendants by Counterclaim) and CORLAC INC., NATIONAL-OILWELL CANADA LTD. AND NATIONAL OILWELL INCORPORATED Defendants (Plaintiffs by Counterclaim) REASONS FOR ORDER AND ORDER [1] At the commencement of this trial several binders of documents were marked as Exhibit 10 on the basis that only those documents introduced through a witness would constitute evidence and form the final version of Exhibit 10. In hindsight, Exhibit 10 should have been marked for “identification”. [2] The documents listed in the attached Schedule A are those which were introduced through a witness and as such constitute the final version of Exhibit 10. [3] The Registry is to remove all the other documents in Exhibit 10 and shred them. New volumes will be created containing the documents described in Schedule A and these shall be retained as the Exhibit 10 documents. [4] The Court shall remove from the Judge’s Copy of the original Exhibit 10 volumes those documents not listed in Schedule A and such removed documents will not be read or referred to and shall be destro…
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Weatherford Canada Ltd. v. Corlac Inc. Court (s) Database Federal Court Decisions Date 2009-06-02 Neutral citation 2009 FC 569 File numbers T-1236-01 Decision Content Federal Court Cour fédérale Date: 20090602 Docket: T-1236-01 Citation: 2009 FC 569 Toronto , Ontario , June 2, 2009 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: WEATHERFORD CANADA LTD., WEATHERFORD CANADA PARTNERSHIP, EDWARD GRENKE AND GRENCO INDUSTRIES LTD. Plaintiffs (Defendants by Counterclaim) and CORLAC INC., NATIONAL-OILWELL CANADA LTD. AND NATIONAL OILWELL INCORPORATED Defendants (Plaintiffs by Counterclaim) REASONS FOR ORDER AND ORDER [1] At the commencement of this trial several binders of documents were marked as Exhibit 10 on the basis that only those documents introduced through a witness would constitute evidence and form the final version of Exhibit 10. In hindsight, Exhibit 10 should have been marked for “identification”. [2] The documents listed in the attached Schedule A are those which were introduced through a witness and as such constitute the final version of Exhibit 10. [3] The Registry is to remove all the other documents in Exhibit 10 and shred them. New volumes will be created containing the documents described in Schedule A and these shall be retained as the Exhibit 10 documents. [4] The Court shall remove from the Judge’s Copy of the original Exhibit 10 volumes those documents not listed in Schedule A and such removed documents will not be read or referred to and shall be destroyed. ORDER THIS COURT ORDERS that the documents listed in Schedule A constitute the final version of Exhibit 10, and the Registry shall comply with paragraph 3 as soon as is practicable. “Michael L. Phelan” Judge SCHEDULE A Exhibit 10 List Exhibit No. Description Date Filed/ Marked 10(P322) Refer to Index page of Exhibit April 20, 2009 10(P302) Refer to Index page of Exhibit April 20, 2009 10(P360) Refer to Index page of Exhibit April 20, 2009 10(P300) Refer to Index page of Exhibit April 20, 2009 10(P305) Refer to Index page of Exhibit April 20, 2009 10(P314) Refer to Index page of Exhibit April 20, 2009 10(301) Refer to Index page of Exhibit April 20, 2009 10(P316-317) Refer to Index page of Exhibit April 20, 2009 10(P297) Refer to Index page of Exhibit April 20, 2009 10(P299) Refer to Index page of Exhibit 10(D148) Refer to Index page of Exhibit April 21, 2009 10(P353), last two pages Refer to Index page of Exhibit April 24, 2009 10(P303) Refer to Index of Exhibit April 27, 2009 10(D123) Refer to Index of Exhibit April 27, 2009 10(D147) Refer to Index of Exhibit April 28, 2009 10(D341) pg.125 Refer to Index of Exhibit April 28, 2009 10(D189) Refer to Index of Exhibit April 28, 2009 10(D311) Refer to Index of Exhibit April 28, 2009 10(P139) Refer to Index of Exhibit April 29, 2009 10(P141) Refer to Index of Exhibit April 29, 2009 10(P144) Refer to Index of Exhibit April 29, 2009 10(P154) Refer to Index of Exhibit April 29, 2009 10(P215) Refer to Index of Exhibit April 29, 2009 10(P207) Refer to Index of Exhibit April 29, 2009 10(P158) Refer to Index of Exhibit April 29, 2009 10(P161) Refer to Index of Exhibit April 29, 2009 10(P183) Refer to Index of Exhibit April 29, 2009 10(P188) Refer to Index of Exhibit April 29, 2009 10(P184) Refer to Index of Exhibit April 29, 2009 10(P179) Refer to Index of Exhibit April 29, 2009 10(P199) Refer to Index of Exhibit April 29, 2009 10(P201) Refer to Index of Exhibit April 29, 2009 10(D362) Refer to Index of Exhibit April 30, 2009 10(D151) Refer to Index of Exhibit April 30, 2009 10(D162) Refer to Index of Exhibit April 30, 2009 10(D193) Refer to Index of Exhibit April 30, 2009 10(D208) Refer to Index of Exhibit April 30, 2009 10(D205) Refer to Index of Exhibit April 30, 2009 10(P149) Refer to Index of Exhibit (corrected reference from Tab 159 on May 14, 2009 in hearing) April 30, 2009 10(D341) pg.200-202 Refer to Index of Exhibit April 30, 2009 10(P203) Refer to Index of Exhibit May 4, 2009 10(P143) Refer to Index of Exhibit May 4, 2009 10(P145-P146) Refer to Index of Exhibit May 4, 2009 10(P136) Refer to Index of Exhibit May 4, 2009 10(P147-P148) Refer to Index of Exhibit May 4, 2009 10(P150) Refer to Index of Exhibit May 4, 2009 10(P153) Refer to Index of Exhibit May 4, 2009 10(P341) pg.407 Refer to Index of Exhibit May 4, 2009 10(P168) Refer to Index of Exhibit May 4, 2009 10(P163) Refer to Index of Exhibit May 4, 2009 10(P171-P172) Refer to Index of Exhibit May 4, 2009 10(P185) Refer to Index of Exhibit May 4, 2009 10(P192) Refer to Index of Exhibit May 4, 2009 10(P177) Refer to Index of Exhibit May 4, 2009 10(P197) pg.64,65 Refer to Index of Exhibit May 4, 2009 10(P191) Refer to Index of Exhibit May 4, 2009 10(P197) pg.90-92 Refer to Index of Exhibit May 4, 2009 10(P341) pg.275-276 Refer to Index of Exhibit May 4, 2009 10(P134) pg.39-41 Refer to Index of Exhibit May 4, 2009 10(D134) Refer to Index of Exhibit May 4, 2009 10(D204) Refer to Index of Exhibit May 4, 2009 10(D204) pg.1 - 2 Refer to Index of Exhibit May 4, 2009 10(D156) Refer to Index of Exhibit May 5, 2009 10(D157) Refer to Index of Exhibit May 5, 2009 10(D152) Refer to Index of Exhibit May 5, 2009 10(D341) pg.963,964, 976,993, 413,82, 1008,271, 273,232, 233,234, 8-9,5-7, 34-37,382 Refer to Index of Exhibit May 5, 2009 10(D197) pg.23 Refer to Index of Exhibit May 5, 2009 10(D134) pg.39 Refer to Index of Exhibit May 5, 2009 10(D276) Refer to Index of Exhibit May 5, 2009 10(D277) Refer to Index of Exhibit May 5, 2009 10(D194) Confidential – Licence Agreement May 6, 2009 10(D204) Invoices & related documentation in its entirety May 6, 2009 10(P132) File history of CA Patent 2,095,473 May 6, 2009 10(P135) File history of CA Patent 2,098,324 May 6, 2009 10(P353) Refer to Index of Exhibit (filed in its entirety) May 6, 2009 10(D196) page 129 Figure 1 of 932 Patent May 6, 2009 10(D348) pg.200 Note outlining Rotating Stuffing Box Idea; Mr Britton testifies the note is in his hand writing and the idea is his May 11, 2009 10(D196) pg.117-130 CA Patent 2088932, filed in entirety May 12, 2009 10(P357) Memo and notes in its entirety May 12, 2009 10(P344) Memo from Wellhead drive optimization team May 12, 2009 10(P356) pg.240 Diagram of a GrenCo drive head (stuffing box) May 12, 2009 10(D341) Drawings and hand writing identified as W.Torfs by Magda Torfs on pgs. 944, 969, 981-984, 989, 1001-1004, 1006-1013, 1040, 1041, 1043, 1044, 934, 935, 958 May 13, 2009 10(D346) Refer to Index page of Exhibit May 19, 2009 FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1236-01 STYLE OF CAUSE: WEATHERFORD CANADA LTD., WEATHERFORD CANADA PARTNERSHIP, EDWARD GRENKE and GRENCO INDUSTRIES LTD. and CORLAC INC., NATIONAL-OILWELL CANADA LTD. and NATIONAL OILWELL INCORPORATED PLACE OF HEARING: Toronto , Ontario DATE OF HEARING: April 20-24 and 27-30, 2009 May 4-7, 11-14, 19-22 and 27-29, 2009 June 1, 2009 REASONS FOR ORDER AND ORDER: PHELAN J. DATED: June 2, 2009 APPEARANCES: Mr. Robert MacFarlane Mr. Adam Bobker Mr. Joshua Spicer FOR THE PLAINTIFFS, WEATHERFORD CANADA LTD. and WEATHERFORD CANADA PARTNERSHIP Mr. Bruce Stratton Mr. Vincent Man FOR THE PLAINTIFFS, EDWARD GRENKE and GRENCO INDUSTRIES LTD. Mr. Christopher Kvas Mr. William Regan Ms. Mala Joshi FOR THE DEFENDANTS SOLICITORS OF RECORD: BERESKIN & PARR Barristers & Solicitors Toronto , Ontario FOR THE PLAINTIFFS, WEATHERFORD CANADA LTD. and WEATHERFORD CANADA PARTNERSHIP DIMOCK STRATTON LLP Barristers & Solicitors Toronto , Ontario FOR THE PLAINTIFFS, EDWARD GRENKE and GRENCO INDUSTRIES LTD. RIDOUT & MAYBEE LLP Barristers & Solicitors Toronto , Ontario FOR THE DEFENDANTS
Source: decisions.fct-cf.gc.ca
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