4093879 Canada Ltd. v. Wal-Mart Canada Corp.
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4093879 Canada Ltd. v. Wal-Mart Canada Corp. Court (s) Database Federal Court of Appeal Decisions Date 2004-11-25 Neutral citation 2004 FCA 401 File numbers A-161-04 Decision Content Date: 20041125 Docket: A-161-04 Citation: 2004 FCA 401 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: 4093879 CANADA LTD. and 4093887 CANADA LTD., a partnership carrying on business under the name and style of "NYGARD INTERNATIONAL PARTNERSHIP", Appellants and WAL-MART CANADA CORP. and WAL-MART STORES, INC., Respondents Heard at Toronto, Ontario, on November 25, 2004. Judgment delivered from the Bench at Toronto, Ontario, on November 25, 2004. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20041125 Docket: A-161-04 Citation: 2004 FCA 401 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: 4093879 CANADA LTD. and 4093887 CANADA LTD., a partnership carrying on business under the name and style of "NYGARD INTERNATIONAL PARTNERSHIP", Appellants and WAL-MART CANADA CORP. and WAL-MART STORES, INC., Respondents REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario on November 25, 2004) DÉCARY J.A. [1] We have not been persuaded that the Case Management Judge wrongly exercised his discretion when he did not allow a question to be put to the respondents and qualified that question as amounting to a fishing expedition. [2] The appeal will be dismissed with costs. "Robert Décary" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-161-04 STYLE OF CAUSE: …
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4093879 Canada Ltd. v. Wal-Mart Canada Corp. Court (s) Database Federal Court of Appeal Decisions Date 2004-11-25 Neutral citation 2004 FCA 401 File numbers A-161-04 Decision Content Date: 20041125 Docket: A-161-04 Citation: 2004 FCA 401 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: 4093879 CANADA LTD. and 4093887 CANADA LTD., a partnership carrying on business under the name and style of "NYGARD INTERNATIONAL PARTNERSHIP", Appellants and WAL-MART CANADA CORP. and WAL-MART STORES, INC., Respondents Heard at Toronto, Ontario, on November 25, 2004. Judgment delivered from the Bench at Toronto, Ontario, on November 25, 2004. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20041125 Docket: A-161-04 Citation: 2004 FCA 401 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: 4093879 CANADA LTD. and 4093887 CANADA LTD., a partnership carrying on business under the name and style of "NYGARD INTERNATIONAL PARTNERSHIP", Appellants and WAL-MART CANADA CORP. and WAL-MART STORES, INC., Respondents REASONS FOR JUDGMENT (Delivered from the Bench at Toronto, Ontario on November 25, 2004) DÉCARY J.A. [1] We have not been persuaded that the Case Management Judge wrongly exercised his discretion when he did not allow a question to be put to the respondents and qualified that question as amounting to a fishing expedition. [2] The appeal will be dismissed with costs. "Robert Décary" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-161-04 STYLE OF CAUSE: 409389 CANADA LTD. and 4093887 CANADA LTD., a partnership carrying on business under the name and style of "NYGARD INTERNATIONAL PARTNERSHIP" Appellants and WAL-MART CANADA CORP. and WAL-MART STORES, INC. Respondents PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: NOVEMBER 25, 2004 REASONS FOR JUDGMENT OF THE COURT: (DÉCARY, SEXTON, EVANS JJ.A.) DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES: Michael Thomson For the Appellants E. William Olson Shane I. Perlmutter For the Respondents SOLICITORS OF RECORD: Tapper Cuddy Barristers & Solicitors Winnipeg, ON For the Appellants Thompson Dorfman Sweatman Barristers & Solicitors Winnipeg, ON For the Respondents
Source: decisions.fca-caf.gc.ca