Kastner v. Painblanc
A-39-94
Hugessen J.A.
9/11/94
3 pp.
Appeal from Trial Division decision (T-1037-93, Noël J., judgment dated 21/6/94, not yet reported) refusing to strike out defendant/appellant as personal defendant -- Action for alleged patent infringement -- Plaintiffs before Motions Judge having no other evidence, knowing of no facts to engage personal liability of Painblanc beyond position as controlling shareholder, managing director of company -- Motions Judge erring in law, proceeding upon wrong principle in giving plaintiffs chance to learn further facts and obtain more evidence implicating Painblanc personally during examination for discovery -- Action at law no fishing expedition -- Plaintiff starting proceedings in hope something will turn up abuses Court's process -- Appeal allowed.