Norac Systems International Inc. v. Prairie Systems and Equip. Ltd.
T-1973-95
Nadon J.
7/3/97
11 pp.
Patent infringement action-Motion for order to file and serve more accurate or complete affidavits of documents, specifically, defendant's sales invoices to specific customers pertaining to weighing scales and mobile weighing cells-No privilege attaching to documents-Consequently, defendant ordered to file supplementary affidavit listing all documents related to purchase and/or sale of massload weighing scales and mobile weighing cells-Motion for leave to join, as additional party defendants, president and vice-president/secretary treasurer of defendant as well as alleged partnership between them, Massload Technologies-Motion dismissed with respect to Massload Technologies as partnership not established-Mentmore Manufacturing Co. v. National Merchandising Manufacturing Co. (1978), 40 C.P.R. (2d) 164 (F.C.A.) considered as to personal liability of company directors or officers-Given considerations therein, not plain and obvious plaintiff's case against individual defendants will fail-Therefore, plaintiff given leave to join above individuals as additional party defendants.