A-253-80
Smith-Roles Ltd. and Clemence Roles, carrying
on business under the firm name and style of
Blanchard Foundry Co. Ltd., and under the trade
name of Blanchard (Appellants)
v.
Flexi-Coil Ltd. (Respondent)
Court of Appeal, Thurlow C.J. and Hyde and
Culliton D.JJ.—Toronto, May 27, 1981.
Jurisdiction — Patent infringement action — Appeal from a
Trial Division decision to dismiss motion for declaration that
settlement agreement in another action was illegal and void —
Appeal dismissed.
APPEAL.
COUNSEL:
J. Guy Potvin for appellants.
L. T. Forbes, Q.C. and Gordon S. Clarke for
respondent.
SOLICITORS:
Scott & Aylen, Ottawa, for appellants.
McCarthy & McCarthy, Toronto, for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
THURLOW C.J.: We do not need to hear counsel
for the respondent. While the judgment of the
Trial Division [[1981] 1 F.C. 632] proceeds large
ly on the basis that the Court was without jurisdic
tion we do not find it necessary to express an
opinion on that question. The merits of the appel
lant's application have been fully discussed and
assuming the Court has jurisdiction to deal with
the subject-matter of the agreement we are satis
fied that there are in law no grounds to support the
application. The appeal is dismissed with costs.
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