( 225 records found )
Doc |
Date Filed |
Office |
Recorded Entry Summary |
| - |
2010-07-29 |
Ottawa |
Communication to the Court from the Registry dated 29-JUL-2010 re: letter from the plaintiff dated July 29, 2010 |
| - |
2010-07-29 |
Ottawa |
Letter from Plaintiff dated 29-JUL-2010 Seeking the Court'S availability to hear the motion scheduled on October 18, 2010 on an alternate date received on 29-JUL-2010 |
| - |
2010-06-30 |
Ottawa |
Memorandum to file from Annette Houle, Ottawa dated 30-JUN-2010 Schedule "A" from Doc 110 was removed and a public version was inserted in its place as requested by the party in their letter dated June 3, 2010. The document that was removed was returned to the plaintiff as requested. placed on file. |
| - |
2010-06-21 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 18-JUN-2010 directing that GRANTED. The parties may serve and file their respective joint books of authorities by no later than October 8, 2010. placed on file on 21-JUN-2010 Confirmed in writing to the party(ies) |
| - |
2010-06-18 |
Ottawa |
Covering letter from Plaintiffs / Defendants by Counterclaim dated 18-JUN-2010 concerning Doc. Nos. 120 121 placed on file on 18-JUN-2010 |
| 121 |
2010-06-18 |
Ottawa |
Solicitor's certificate of service on behalf of Nicholas McHaffie confirming service of Document #120 upon Defendant/Plaintiff by Counterclaim, Yangaroo Inc. by email on 18-JUN-2010 filed on 18-JUN-2010 |
| 120 |
2010-06-18 |
Ottawa |
Sealed envelope pursuant to the Court Order of Madam Prothonotary Aronovitch dated March 10, 2008 on behalf of Plaintiffs / Defendants by Counterclaim purporting to contain Motion Record (Motion to Compel Answers) Filed on 18-JUN-2010 |
| - |
2010-06-18 |
Ottawa |
Covering letter from Defendant dated 18-JUN-2010 concerning Doc. Nos. 118 119 placed on file on 18-JUN-2010 |
| 119 |
2010-06-18 |
Ottawa |
Solicitor's certificate of service on behalf of Mala Joshi confirming service of Defendant's Motion Record doc. no. 118 upon Plaintiff by courier on 17-JUN-2010 filed on 18-JUN-2010 |
| 118 |
2010-06-18 |
Ottawa |
Motion Record in response to Motion Doc. No. 110 containing the following original document(s): 115 116 Number of copies received: 3 on behalf of Defendant Volume I and II (Vol. II Confidential and contains docs. nos. 116, 117) filed on 18-JUN-2010 |
| 117 |
2010-06-18 |
Ottawa |
Sealed envelope pursuant to Order dated March 10, 2008 on behalf of Defendant purporting to contain Written representations of the Defendant Filed on 18-JUN-2010 |
| 116 |
2010-06-18 |
Ottawa |
Sealed envelope pursuant to Order datd March 10, 2008 on behalf of Defendant purporting to contain confidential affidavit of Daniella Galetti-D'andrea with Exhibits "A" to "G" sworn on 17-JUN-2010 Filed on 18-JUN-2010 |
| 115 |
2010-06-18 |
Ottawa |
Affidavit of Daniella Galati-D'andrea sworn on 17-JUN-2010 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 114 with Exhibits "A" to "N" filed on 18-JUN-2010 |
| 114 |
2010-06-18 |
Ottawa |
Amended Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 18-OCT-2010 to begin at 09:30 duration: 1d language: E for an Order requiring Destiny to provide answers to the refusals and questions, and other relief sought filed on 18-JUN-2010 |
| - |
2010-06-17 |
Ottawa |
Communication to the Court from the Registry dated 17-JUN-2010 re: letter from the defendant dated June 16, 2010 |
| - |
2010-06-16 |
Ottawa |
Letter from Defendant dated 16-JUN-2010 reqeusting permission to file a joint book of for the motions to compel scheduled for October 18, 2010 received on 16-JUN-2010 |
| 113 |
2010-06-08 |
Ottawa |
Affidavit of service of June Dowd sworn on 08-JUN-2010 on behalf of Plaintiff confirming service of a redacted public copy and an unredacted confidential Schedule "A" to the Notice of Motion filed March 30, 2010 upon Defendant by e-mail on 03-JUN-2010 filed on 08-JUN-2010 |
| 112 |
2010-06-08 |
Ottawa |
Sealed envelope pursuant to the Order of the Court, dated March 10, 2008 on behalf of Plaintiff purporting to contain the Confidential Schedule "A" to the Notice of Motion, filed March 30, 2010 Filed on 08-JUN-2010 |
| - |
2010-06-03 |
Ottawa |
Letter from Plaintiff/Defendant dated 03-JUN-2010 requesting that this Schedule "A" (containing Confidential Information as defined in the Court's Confidentiality Order) be removed from the file and sealed under the terms of the March 10, 2008 order, as appropriate. and attaching the redacted public version of the Schedule "A" - Undertakings and refusals chart received on 03-JUN-2010 |
| - |
2010-04-29 |
Ottawa |
Written directions received from the Court: Roza Aronovitch, Prothonotary dated 29-APR-2010 directing that 1. Both the Plaintiffs' and Defendant's respective refusals motions will be heard consecutively in Toronto on October 18, 2010, commencing at 9:00 a.m. for one (1) full day. 2. Parties shall provide any further answers to pending or outstanding questions on or before May 31, 2010. 3. Counsel for the parties will meet to attempt to settle any aspects of the motions, no later than June 7, 2010. 4. Complete motion records shall be served and filed, in Ottawa, no later than June 18, 2010. 5. Responding motion records with 5-columm charts, each organized by category and containing only those questions that have not been settled and that require determination by the Court, shall be served and filed, in Ottawa, no later than October 1, 2010. 6. The requirement to file expert reports with the pre-trial memoranda having previously been waived, the date for the service and filing the requisition for pre-trial will be fixed at the conclusion of the hearing of the refusals motion on October 18, 2010. 7. Subsequent steps in the proceeding are to be fixed at the conslusion of the hearing of the refusals motions on October 18, 2010. placed on file on 29-APR-2010 Confirmed in writing to the party(ies) |
| - |
2010-04-23 |
Ottawa |
Communication to the Court from the Registry dated 23-APR-2010 re: the draft directon received April 23, 2010 |
| - |
2010-04-23 |
Ottawa |
Letter from the Plaintiffs dated 23-APR-2010 (E-mail)attaching a draft direction re: a timetable for the filing of the material re: hearing of the motions for refusals and setting it down for 18-Oct-2010. Counsel advises that the parties are content that the Court set the matter down in Ottawa or Toronto at the Court's convenience received on 23-APR-2010 |
| - |
2010-04-22 |
Ottawa |
Memorandum to file from Julie Dulac dated 22-APR-2010 further to the communication to the Court dated April 20th, 2010, the Court advised me verbally that she was only available on September 13 and 14, 2010 and the next available date was October 18th, 2010. Those dates were offered verbally to the parties. I was advised verbally again that the September dates would not work but both parties were available on April 18th, 2010. I asked that they provide a draft direction on consent setting a timetable for filing of materials for the hearing of the motions and setting it down for October 18, 2010 placed on file. |
| - |
2010-04-20 |
Ottawa |
Communication to the Court from the Registry dated 20-APR-2010 re: re: defendant's letter dated April 19, 2010 and the e-mail dated April 20, 2010 |
| - |
2010-04-20 |
Ottawa |
E-mail from the defendant providing the parties' availability in September placed on file on 20-APR-2010 |
| - |
2010-04-19 |
Ottawa |
Memorandum to file from Julie Dulac dated 19-APR-2010 I contacted counsel for the defendant to ask that she provide the parties availability for a September hearing of the pending motions placed on file. |
| - |
2010-04-19 |
Ottawa |
****** CANCELLED ****** Communication to the Court from the Registry dated 19-APR-2010 re: the defendant's letter dated 19-Apr-2010 |
| - |
2010-04-19 |
Ottawa |
Letter from Defendant dated 19-APR-2010 advising that they are not available on the dates proposed by the Court for the return of the refusals motions and that the parties are jointly proposing that the motions be heard in September 2010 received on 19-APR-2010 |
| - |
2010-04-13 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 13-APR-2010 directing that "Regrettably, the Court is not available to sit Friday June 4, 2010. By no later than April 19, 2010, the parties are to provide their availability for the weeks of July 12, 19 and 26, 2010 placed on file on 13-APR-2010 Confirmed in writing to the party(ies) |
| - |
2010-04-07 |
Ottawa |
Written directions received from the Court: Roza Aronovitch, Prothonotary dated 07-APR-2010 directing that "1. Both the Plaintiffs' and Defendants' respective refusals motions (Docs. 110 and 106) will be heard consecutively in Toronto on 4-JUN-2010, commencing at 9:30 a.m. for one (1) full day. 2. For that purpose, counsel for the parties will meet to attempt to settle any aspects of the motions, no later than 30-APR-2010. 3. Complete motion records shall be served and filed, in Ottawa, no later than 12-MAY-2010. 4. Responding motion records with 5-column charts, each organized by category and containing only those questions that have not been settled and that require determination by the Court, shall be served and filed, in Ottawa, no later than 28-MAY-2010. 5. A waiver of the requirement to file expert reports with the pre-trial memoranda is hereby granted. The date for the service and filing of the requisition for pre-trial will be fixed at the conclusion of the hearing of the refusals motions on 4-JUN-2010. 6. Subsequent steps in the proceeding are to be fixed at the conclusion of the hearing of the refusals motions on 4-JUN-2010." placed on file on 07-APR-2010 Confirmed in writing to the party(ies) |
| - |
2010-04-06 |
Ottawa |
Ottawa 06-APR-2010 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: counsel for the defendant to provide a draft direction by the end of the day on APril 7, 2010 held by way of Conference Call in chambers Duration per day: 06-APR-2010 from 10:00 to 10:20 Courtroom : Judge's Chambers - Ottawa Court Registrar: Julie Dulac Total Duration: 20min Appearances: Nicholas McHaffie 613-566-0546 representing Plaintiffs Mala Joshi 416-868-1482 representing Defendant Minutes of Hearing entered in Vol. 821 page(s) 175 - 176 Abstract of Hearing placed on file |
| - |
2010-04-06 |
Ottawa |
Letter from Defendant dated 06-APR-2010 (e-mail) attaching a draft direction further to the CMC held today received on 06-APR-2010 |
| 111 |
2010-04-01 |
Ottawa |
Affidavit of service of June Dowd sworn on 30-MAR-2010 on behalf of Defendants by Counterclaim confirming service of #110 Notice of Motion upon Plaintiff by Counterclaim by telecopier on 30-MAR-2010 filed on 01-APR-2010 |
| - |
2010-04-01 |
Ottawa |
Communication to the Court from the Registry dated 01-APR-2010 re: in preparation for the CMC schedule April 6, 2010 |
| - |
2010-04-01 |
Ottawa |
Letter from Plaintiffs dated 01-APR-2010 providing the Court with a status report per Order of 2-Feb-2010 received on 01-APR-2010 |
| 109 |
2010-03-31 |
Toronto |
Solicitor's certificate of service on behalf of defendant confirming service of doc.107,108 upon Plaintiff by electronic mail on consent on 31-MAR-2010 filed on 31-MAR-2010 |
| 108 |
2010-03-31 |
Toronto |
Motion Record containing the following original document(s): 106 Number of copies received: 3 on behalf of Defendant filed on 31-MAR-2010 |
| 107 |
2010-03-31 |
Toronto |
Sealed envelope pursuant to Order March 10,2010 on behalf of Defendant purporting to contain Defendant's Motion Record Volume 2 Filed on 31-MAR-2010 |
| 106 |
2010-03-31 |
Toronto |
Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order Requiring the plaintiffs to provide further and better answers to certain undertakings given at Discovery of Steven Vestergaard...Costs of this motion J.Douglas Wilson 416-868-1482 filed on 31-MAR-2010 |
| 110 |
2010-03-30 |
Ottawa |
Notice of Motion on behalf of Plaintiffs/ Defendants by Counterclaim, destiny Media Technologies, Inc... returnable (but no hearing date indicated at this time) for a)an Order requiring Mr. John Heaven, as a representative of the defendant/ plaintiff by counterclaim, Yangaroo, Inc. and Messrs. Cliffors Hunt and Wojtek Hoch as named inventors of canadian patent no 2 407 774; filed on 30-MAR-2010 |
| 105 |
2010-02-02 |
Ottawa |
Order dated 02-FEB-2010 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: THIS COURT ORDERS that 1. Notices of motion in respect of any motions arising out of the second round of examination for discovery shall be served and filed by March 31, 2010. 2. The parties shall file with the Court, on or before April 1, 2010, a status report setting out the following matters: a) The status of the proceeding and in particular whether notices of motion have been filed pursuant to paragraph 1. b) A proposed date by which the plaintiff will file a requisition for pre- trial conference pursuant to Rule 258. c) Whether the parties will consent to the waiver of the requirement to file expert reports with the pre-trial memoranda pursuant to Rules 258(4) and 262. d) The parties views on the desirability and timing of Court-assisted alternative dispute resolution. 3. A case conference shall be held by teleconference on April 6, 2010, at 10:00 a.m. to fix hearing dates for any motions filed pursuant to paragraph 1, and to address the scheduling of steps to be undertaken prior to the hearing of the motions. 4. For clarity, paragraphs 7, 8 and 9 of the Court's Order of August 4, 2009, are superseded and replaced by the terms of this Order. Filed on 02-FEB-2010 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1078 page(s) 316 - 318 Interlocutory Decision |
| - |
2010-01-29 |
Ottawa |
Letter from Plaintiff dated 29-JAN-2010 providing the Court with a draft order on consent as result of a case conference held on January 26, 2010 received on 29-JAN-2010 |
| - |
2010-01-26 |
Ottawa |
Ottawa 26-JAN-2010 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to discuss the timetable in the matter and refusal motions Result of Hearing: Mr. McHaffie is to provide the Court with a draft order on consent of the timetable discussed held by way of Conference Call Duration per day: 26-JAN-2010 from 03:00 to 03:40 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 40min Appearances: Mr. Nicholas McHaffie 613-566-0546 representing Plaintiff Ms Mala Joshi 416-865-3536 representing Defendant Minutes of Hearing entered in Vol. 817 page(s) 194 - 197 Abstract of Hearing placed on file |
| - |
2010-01-22 |
Ottawa |
Communication to the Court from the Registry dated 22-JAN-2010 re: preparation of the file for the case conference scheduled for January 26, 2010 |
| - |
2010-01-22 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 22-JAN-2010 directing that There will be a case management conference, by teleconference, for one hour, on January 26, 2010, commencing at 3:00 p.m. placed on file on 22-JAN-2010 Confirmed in writing to the party(ies) |
| - |
2010-01-22 |
Ottawa |
Communication to the Court from the Registry dated 22-JAN-2010 re: by e-mail advising the Court of the availability of the parties to attend a case management conference |
| - |
2010-01-21 |
Ottawa |
Letter from Plaintiff dated 21-JAN-2010 providing dates of availability for a case conference received on 21-JAN-2010 |
| - |
2010-01-20 |
Ottawa |
Letter from Defendant dated 20-JAN-2010 providing dates of availability for a case conference received on 20-JAN-2010 |
| - |
2010-01-19 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 19-JAN-2010 directing that Re: Correspondence from counsel for the plaintiffs dated January 15, 2010 Written answers to all remaining outstanding undertakings and under advisements and objections from Round 2 of the discoveries may be delivered by January 22, 2010. By January 22, 2010, parties are to serve and file their availability to attend a case conference during the week of January 25, 2010, to discuss the remainder of the timetable and the manner of proceeding with any refusals motions. placed on file on 19-JAN-2010 Confirmed in writing to the party(ies) |
| - |
2010-01-18 |
Ottawa |
Communication to the Court from the Registry dated 18-JAN-2010 re: letter from the plaintiff dated January 15, 2010 |
| - |
2010-01-15 |
Ottawa |
Letter from Plaintiff dated 15-JAN-2009 providing the Court with an update on the file and a draft order on consent to amendments to the current scheduling order received on 15-JAN-2010 |
| - |
2009-12-07 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 07-DEC-2009 directing that Re: Status report of November 16, 2009 On January 29, 2010 parties should file only notices of motion and request a case management conference to fix dates for a hearing and pre-hearing steps such as discussions between counsel, and the filing of motion records. Parties are reminded when requesting a case conference to submit their dates of availability to attend during the two weeks following the date of the request. placed on file on 07-DEC-2009 Confirmed in writing to the party(ies) |
| - |
2009-11-18 |
Ottawa |
Communication to the Court from the Registry dated 18-NOV-2009 re: letter from the plaintiff dated November 16, 2009 |
| - |
2009-11-16 |
Ottawa |
Letter from Plaintiff dated 16-NOV-2009 providing the Court with a status report against the timetable. received on 16-NOV-2009 |
| - |
2009-08-28 |
Ottawa |
Covering letter from Plaintiff dated 26-AUG-2009 concerning Doc. Nos. 102 103 104 placed on file on 28-AUG-2009 |
| 104 |
2009-08-28 |
Ottawa |
Affidavit of service of Gwen Woo sworn on 26-AUG-2009 on behalf of Defendant confirming service of the Amended Reply to Defence to Counterclaim of Destiny and Promo upon Plaintiff by telecopier on 26-AUG-2009 filed on 28-AUG-2009 |
| 103 |
2009-08-28 |
Ottawa |
Amended Reply to Defence to Counterclaim of Promo Only, Inc. filed on 28-AUG-2009 |
| 102 |
2009-08-28 |
Ottawa |
Amended Reply ato Defence to Counterclaim of Destiny Media Technologies, Inc. filed on 28-AUG-2009 |
| 101 |
2009-08-27 |
Ottawa |
Order dated 27-AUG-2009 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 21-AUG-2009 re: requesting 1-day extension to serve & file their Amended Reply and Defence to Counterclaim, their Defence to Further Amended Counterclaim, and Consent "THIS COURT ORDERS that 1. Destiny Media Technologies, Inc., Destiny Software Productions Inc. and MPE Distribution Inc. shall file their amended Reply and Defence to Counterclaim by August 21, 2009, and the Registrar shall accept for filing the amended Reply and Defence and Counterclaim as attached to the correspondence of counsel for the Defendants to the Counterclaim dated August 21, 2009. 2. Promo Only, Inc. and POC Music ULC shall file their further amended Defence to Counterclaim by August 21, 2009, and the Registrar shall accept for filing the further amended Defence and Counterclaim as attached to the correspondence of counsel for the Defendants to the Counterclaim dated August 21, 2009. 3. For certainty, none of the remaining deadlines set out in the Order dated August 4, 2009, shall be disturbed. 4. There shall be no costs of this motion." Result: granted Filed on 27-AUG-2009 certified copies sent to parties & to CAS-SATJ Office: TORONTO Transmittal Letters placed on file. entered in J. & O. Book, volume 1063 page(s) 85 - 86 Interlocutory Decision |
| - |
2009-08-27 |
Ottawa |
Written directions received from the Court: Roza Aronovitch, Prothonotary dated 27-AUG-2009 directing that re: Plaintiffs' Amended Reply and Defence to Counterclaim and their Defence to Further Amended Counterclaim, and Consent: "Accept for filing as per today's Order, as of August 21, 2009." placed on file on 27-AUG-2009 Confirmed in writing to the party(ies) |
| - |
2009-08-21 |
Ottawa |
Covering letter from Plaintiff dated 21-AUG-2009 concerning doc. # 97: Reply & Defence to Counterclaim, #98: Defence to Further Amended Counterclaim, #99: Sol. Certif. of Service; & #100: Consent referring to Order of Aronovitch, P., dated 4-AUG-2009, requiring filing of these documents by 20-AUG-2009, and explaining that, due to an oversight, pleadings were not served on Defendant's counsel until later in the day on 20-AUG-2009, thus documents were not filed in the Court until 21-AUG-2009. Advising that Defendant's counsel consents to requested 1-day extension. placed on file on 21-AUG-2009 |
| 100 |
2009-08-21 |
Ottawa |
Consent on behalf of all parties to draft order - attached, re: filing deadlines filed on 21-AUG-2009 |
| 99 |
2009-08-21 |
Ottawa |
Solicitor's certificate of service on behalf of NICHOLAS McHAFFIE confirming service of doc. #97: Reply & Defence to Counterclaim & #98: Defence to Further Amended Counterclaim upon Defendant by E-mail on 20-AUG-2009 filed on 21-AUG-2009 |
| 98 |
2009-08-21 |
Ottawa |
Defence on behalf of the Defendants by Counterclaim, Promo Only, Inc. and POC Music ULC filed on 21-AUG-2009 |
| 97 |
2009-08-21 |
Ottawa |
Reply to Defence to Counterclaim on behalf of Plaintiff Filed on 21-AUG-2009 |
| 94 |
2009-08-20 |
Ottawa |
Order dated 20-AUG-2009 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff by Counterclaim, YANGAROO INC. dated 06-AUG-2009 re: Order dated August 4, 2009 Result: 1. Yangaroo shall file its amended Defence and Counterclaim by August 6, 2009, and the Registrar shall accept for filing the amended Defence and Counterclaim as attached to correspondence of plaintiff's counsel dated August, 6, 2009. 2. For certainty, none of the remaining deadlines set out in the Order dated August 4, 2009, shall be disturbed. 3. There shall be no costs of this motion. Filed on 20-AUG-2009 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1062 page(s) 345 - 346 Interlocutory Decision |
| - |
2009-08-12 |
Ottawa |
Communication to the Court from the Registry dated 12-AUG-2009 re: letter from the defendant dated August 6, 2009 |
| 96 |
2009-08-06 |
Ottawa |
Affidavit of service of Daniella Galati sworn on 06-AUG-2009 on behalf of Defendant confirming service of Further Amended Defence and Counterclaim doc. # 95 upon Plaintiff by telecopier on 06-AUG-2009 with Exhibits A Copy of facsimile confirmation page filed on 06-AUG-2009 |
| 95 |
2009-08-06 |
Ottawa |
Further Amended Defence and Counterclaim with consent of Plaintiffs/Defendants by Counterclaim with proof of service upon Plaintiffs/Defendants by Counterclaim on 06-AUG-2009 filed on 06-AUG-2009 |
| - |
2009-08-06 |
Toronto |
Letter from Defendant to CMP dated 06-AUG-2009 requesting directions to dispense with the requirement for a formal motion for extension of time to file Defence and Counterclaim (consent, draft order and Defence attached) received on 06-AUG-2009 |
| 93 |
2009-08-04 |
Ottawa |
Order dated 04-AUG-2009 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 24-JUL-2009 Result: This Court orders that the following timetable for the completion of the next steps in the litigation: 1. Yangaroo shall file its amended Defence and Counterclaim by July 31, 2009. 2. The Amended Reply and Defence(s) to Counterclaim shall be filed by AUgust 20, 2009. 3. The Reply to Defence(s) to Counterclaim shall be filed by September 4, 2009. 4. Written answers to all outstanding undertakings and under advisement and objections from Round 2 of the discoveries to date, including the "technical questions" shall be delivered by September 4, 2009. 5. Round 2 of the Vestergard discovery and discovery of and by MPE Distribution and POC Music ULC, shall be completed by October 30, 2009 6. Written answers to all remaining outstanding undertakings and under advisements and objections from ROund 2 of the discoveries shall be delivered by December 22, 2009. 7. Any motion arising out of the second round of examination for discovery shall be filed January 29, 2010. 8. The parties shall provide an update of progress against this timetable by November 16, 2009, and shall indicate at that time whether ADR prior to the pre-trial is desirable or appropriate and if not provide a further timetable up to and including a date for the filing of a requisition of pre-trial conference. 9. If the parties indicate that ADR prior to the pre-trial is not desirable or appropriate and the parties consent to waiver of the requirement to file expert reports as part of their pre-trial memoranda, the plaintiff shall file a requisition for a pre-trial conference pursuant to RUle 258 by April 5, 2010. Filed on 04-AUG-2009 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1061 page(s) 142 - 144 Interlocutory Decision |
| - |
2009-07-30 |
Ottawa |
Communication to the Court from the Registry dated 30-JUL-2009 re: letter dated 24-Jul-2009 |
| - |
2009-07-29 |
Ottawa |
Draft Order concerning letter dated 24-Jul-2009 electronically in Word received on 29-JUL-2009 |
| - |
2009-07-29 |
Ottawa |
Memorandum to file from Julie Dulac dated 29-JUL-2009 I e-mailed counsel to request a draft order re: proposed amendment to timetable suggested in letter dated 24-Jul-2009 electronically in Word placed on file. |
| - |
2009-07-24 |
Ottawa |
Letter from Defendant dated 24-JUL-2009 requesting an amendment to the current timetable received on 24-JUL-2009 |
| - |
2009-06-18 |
Ottawa |
Letter from Kenneth D. Hanna @ Ridout & Maybee LLP (Toronto) to the Ottawa Registry dated 17-JUN-2009 enclosing copy of their 27-AUG-2008 letter re: change of address effective on 1-SEP-2008. Copy to Appeal Section, for their files. received on 18-JUN-2009 |
| - |
2009-06-18 |
Ottawa |
****** CANCELLED ****** Letter from Kenneth D. Hanna @ Ridout & Maybee LLP (Toronto) to the Toronto Registry dated 27-AUG-2008 re: address change received on 18-JUN-2009 |
| - |
2009-06-18 |
Toronto |
Letter from Defendant dated 17-JUN-2009 new counsel, same firm pls take note received on 18-JUN-2009 |
| 92 |
2008-12-23 |
Ottawa |
Order dated 23-DEC-2008 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: IT IS HEREBY ORDERED: 1. The second round of examinations for discovery shall be completed by April 10, 2009. The foregoing shall include the examination for discovery of PO Music ULC the entity recently added to the action as a defendant to the Counterclaim; 2. Answers to Undertakings givend uring the second round of examination for discovery shall be answered in writing on or before June 19, 2009; 3. Any motions arising out of the second round of examination for discovery shall be filed by July 10, 2009; 4. The parties shall provide an update of progress against this timetable by July 19, 2009, and indicate at that time whether ADR prior to the pre- trial is desireable or appropriate. Also, at that time, the parties shall determine whether they consent to the waiving of the requirement for expert reports at the pre-trial conference; 5. If parties indicate that ADR prior to the pre-trial is not desirable or appropriate and the parties consent to waiver of the requirement to file experts reports as part of their pre-trial memoranda the plaintiff shall file a requisition for pre-trial conference pursuant to Rule 258 no later than September 18, 2009; 6. If the parties indicate that ADR is desirable and/or will not consent to the waiver of the requirement to file expert reports as part of their pre-trial memoranda, the parties shall propose a joint schedule to govern the steps of the ADR and/or propose a joint schedule for the exchange of expert reports, along with a further schedule governiong steps of the proceeding no later than July 27, 2009. Filed on 23-DEC-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1042 page(s) 321 - 322 Interlocutory Decision |
| 91 |
2008-12-10 |
Toronto |
Solicitor's certificate of service on behalf of Pauline Bosman confirming service of doc 90 upon all parties by courier on 10-DEC-2008 filed on 10-DEC-2008 |
| 90 |
2008-12-10 |
Toronto |
Amended Defence and Counterclaim filed on 10-DEC-2008 |
| - |
2008-12-02 |
Ottawa |
Ottawa 02-DEC-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to discuss the timetable in the matter Result of Hearing: The parties are to provide a draft order on consent by December 12, 2008 held by way of Conference Call Duration per day: 02-DEC-2008 from 09:30 to 09:43 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 13min Appearances: Mr. McHaffie 613-566-0546 representing Plaintiff Ms Bosman 416-865-3538 representing Defendant Minutes of Hearing entered in Vol. 790 page(s) 144 - 146 Abstract of Hearing placed on file |
| - |
2008-11-25 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 25-NOV-2008 directing that There will be a case management conference, by teleconference, for one hour, commencing at 9:30 a.m. on December 2, 2008. placed on file on 25-NOV-2008 Confirmed in writing to the party(ies) |
| - |
2008-11-21 |
Ottawa |
Letter from Ms. Pauline Bosman dated 21-NOV-2008 advising of her consent to get notice of decision and directions by e-mail ather own e-mail addresse received on 21-NOV-2008 |
| - |
2008-11-21 |
Ottawa |
Letter from Mr. McHaffie, counsel for the plaintiffs,(e-mail) dated 21-NOV-2008 advising that he consents to receiving notice of decision/directions by e-mail at his own e-mail address received on 21-NOV-2008 |
| 89 |
2008-11-20 |
Ottawa |
Order dated 20-NOV-2008 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 63 Result: granted in part Filed on 20-NOV-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1039 page(s) 304 - 309 Interlocutory Decision |
| 88 |
2008-11-20 |
Ottawa |
Order dated 20-NOV-2008 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 74 Result: 1. Musicrypt is granted leave to: a. amend the style of cause of this proceeding to reflect Musicrypt corporate name change from Musicrypt Inc. to Yangaroo, Inc.; b. Amend the style of cause to remove Promo Only CD's Inc as a defendant to the counterclaim; c. Add POC Music ULC as a defendant to the counterclaim; d. Amend the Statement of defence and counterclaim dated June 5, 2006 in accordance with a draft amended statement of defence and counterclaim attached as schedule A to Musicrypt notice of motion dated May 12, 2008 2. There is no order as to costs Filed on 20-NOV-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1039 page(s) 299 - 300 Interlocutory Decision |
| - |
2008-11-18 |
Ottawa |
Communication to the Court from the Registry dated 18-NOV-2008 re: letters from the defendant and plaintiff dated November 10, 2008 |
| - |
2008-11-18 |
Ottawa |
Communication to the Court from the Registry dated 18-NOV-2008 re: letter from the defendant received November 16, 2008 regarding the motion to compel which was heard on November 4, 2008 in Toronto. |
| - |
2008-11-18 |
Ottawa |
Communication to the Court from the Registry dated 18-NOV-2008 re: letter from the defendant dated November 16, 2008 and Motion Doc. 74 |
| - |
2008-11-16 |
Ottawa |
Letter from Defendant dated 16-NOV-2008 providing the Court with a draft order on consent for the Motion to Compel that was heard in Toronto on November 4, 2008 received on 16-NOV-2008 |
| - |
2008-11-16 |
Ottawa |
Letter from Defendant dated 16-NOV-2008 providing the Court with a draft order on consent for Motion Doc. 74 received on 16-NOV-2008 |
| - |
2008-11-10 |
Ottawa |
Letter from Plaintiff dated 10-NOV-2008 in response to the letter by the Defendant dated November 10, 2008 received on 10-NOV-2008 |
| - |
2008-11-10 |
Ottawa |
Letter from Defendant dated 10-NOV-2008 providing the Court with a timetable for the remaining steps in this matter and indicating that the parties are not in agreement as to the some time lines in the draft timetable. received on 10-NOV-2008 |
| - |
2008-11-07 |
Ottawa |
Supplemental submissions regarding the Motion heard on November 4, 2008 received on 07-NOV-2008 |
| - |
2008-11-04 |
Toronto |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 04-NOV-2008 directing that "Supplementary motions or consent, if any, due by 7-NOV-2008 regarding the questions that have been stood down. Timetable on consent and Draft Order due by 10-NOV-2008." placed on file on 04-NOV-2008 Confirmed in writing to the party(ies) |
| - |
2008-11-04 |
Toronto |
Toronto 04-NOV-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Motion Doc. No. 63 on behalf of Defendant Result of Hearing: Rulings were made from the Bench see minutes for results held in Court Senior Usher: Desmond Howard Duration per day: 04-NOV-2008 from 09:30 to 14:59 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Alice Prodan Gil Total Duration: 6h29mins Appearances: Nicholas McHaffie 613-566-0546 representing Plaintiff Pauline Bosman 416-865-3538 representing Defendant Jeffrey Tracey 416-865-3532 representing Defendant Comments: Supplementary motions or consent, if any, due by 7-NOV-2008 regarding the questions that have been stood down. Timetable on consent and Draft Order due by 10-NOV-2008. Minutes of Hearing entered in Vol. 788 page(s) 97 - 107 Abstract of Hearing placed on file |
| - |
2008-10-02 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 02-OCT-2008 directing that The Defendant¿s Motion to Compel scheduled to be heard in Toronto on October 6, 2008 is hereby adjourned to November 4, 2008, in Toronto for one full day, commencing at 9:30. For that purpose by October 31, 2008 a revised chart is be e-mailed to CMT_Ottawa@cas-satj.gc.ca with those question that remain outstanding with a covering letter. placed on file on 02-OCT-2008 Confirmed in writing to the party(ies) |
| - |
2008-10-02 |
Ottawa |
Ottawa 02-OCT-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to discuss the motion scheduled to be heard in Toronto on October 6, 2008 Result of Hearing: The Court will issue a Direction with regards to the motion held by way of Conference Call Duration per day: 02-OCT-2008 from 04:00 to 04:12 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 12min Appearances: Mr. McHaffie 613-566-0546 representing Plaintiff Ms. Bosman 416-868-1482 representing Defendant Minutes of Hearing entered in Vol. 785 page(s) 262 - 264 Abstract of Hearing placed on file |
| - |
2008-10-01 |
Ottawa |
Communication to the Court from the Registry dated 01-OCT-2008 re: the CMC scheduled for 4:00 on October 2, 2008 |
| - |
2008-10-01 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 01-OCT-2008 directing that There will be a case management conference by teleconference on October 2, 2008, commencing at 4:00 for one hour. placed on file on 01-OCT-2008 |
| - |
2008-09-30 |
Ottawa |
Communication to the Court from the Registry dated 30-SEP-2008 re: Motion to compel scheduled for October 6, 2008 in Toronto |
| - |
2008-06-17 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 17-JUN-2008 directing that Re: Defendant¿s Motion to Compel (Doc. No. 66) The Defendant¿s Motion (Doc 66) will be heard for one full day, in Toronto on October 6, 2008, commencing at 9:30 a.m. placed on file on 17-JUN-2008 Confirmed in writing to the party(ies) |
| - |
2008-06-16 |
Ottawa |
Letter from Plaintiff dated 16-JUN-2008 providing dates of availability to attend the Defendant's motion to compel received on 16-JUN-2008 |
| - |
2008-06-16 |
Ottawa |
Letter from Defendant dated 16-JUN-2008 providing dates of availability to attend the defendant's motion to compel received on 16-JUN-2008 |
| 86 |
2008-06-09 |
Ottawa |
Order dated 10-JUN-2008 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 69 Result: THIS COURT ORDERS that: 1. Mr. John Heaven, as representative of Musicrypt and named inventor, shall provide, in writing within 60 days of this Order, answers to the following questions as set out in Destiny and Promo Only's Undertakings and Refusals Chart attached to Destiny and Promo Only's Motion Record dated March 7, 2008:... 2. Mr. Clifford Hunt, as named inventor of the '774 Patent, shall provide in writing within 60 days of this Order, answers to the following questions as set out in Destiny and Promo Only's Undertakings and Refusals Chart attached to Destiny and Promo Only's Motion Record dated March 7, 2008:... 3. Mr. Wojteck Hock, as named inventor of the '774 Patent, shall provide in writing within 60 days of this Order, answers to the following questions as set out in Destiny and Promo Only's Undertakings and Refusals Chart attached to Destiny and Promo Only's Motion Record dated March 7, 2008:... 4. The following questions need not be answered:... 5. Costs of this motion shall be in the cause. Filed on 09-JUN-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1025 page(s) 229 - 234 Interlocutory Decision |
| - |
2008-06-09 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 09-JUN-2008 directing that Regrettably, August 8, 2008 is no longer available for the hearing of the motion originally set down for May 27, 2008, and later rescheduled for August 8, 2008. By June 16, 2008 parties are to advise as to their availability for the hearing of the motion, in Toronto, on September 9, 2008. If September 9, 2008 is not suitable, by the same date, parties are to otherwise advise as to their availability in the months of September and October 2008. placed on file on 09-JUN-2008 Confirmed in writing to the party(ies) |
| - |
2008-06-05 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 05-JUN-2008 directing that Re: Defendant¿s Motion to Compel (Doc. No. 66) This motion, originally set down to be heard in Ottawa on May 27, 2008, will be heard in Toronto on August 8, 2008, commencing at 9:30 a.m. for one full day. Further steps in the proceeding are to be fixed at the conclusion of the hearing of this motion on August 8, 2008. placed on file on 05-JUN-2008 Confirmed in writing to the party(ies) |
| 87 |
2008-05-27 |
Ottawa |
Transcript from Examination of Russell Jim Robinson for use with Defendant's Motion doc. 66 filed on 27-MAY-2008 |
| 85 |
2008-05-27 |
Ottawa |
Transcript from Examination of Steven Vestergaard for use with the defendant's motion Doc. 66 filed at hearing on 27-MAY-2008 |
| - |
2008-05-27 |
Ottawa |
Ottawa 27-MAY-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Motion Doc. No. 69 on behalf of Plaintiff Result of Hearing: Rulings were made from the Bench see minutes for results held in Court Senior Usher: L. Chamberland Duration per day: 27-MAY-2008 from 09:30 to 05:20 Courtroom : Courtroom No. 2, 7th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Annette Houle Total Duration: 1d Appearances: Mr. McHaffie 613-566-0546 representing Plaintiff Ms. Bosman 416-868-1482 representing Defendant Comments: Draft order by Mr. McHaffie due by June 4, 2008 Minutes of Hearing entered in Vol. 776 page(s) 321 - 330 Abstract of Hearing placed on file |
| - |
2008-05-26 |
Ottawa |
Covering letter from Plaintiff dated 26-MAY-2008 concerning Doc. No. 84 placed on file on 26-MAY-2008 |
| 84 |
2008-05-26 |
Ottawa |
Compendium of Transcript References (Motion to compel Answers) filed on 26-MAY-2008 |
| - |
2008-05-23 |
Ottawa |
Letter from Defendant dated 23-MAY-2008 providing the Court with a draft direction rescheduling the Defendant's motion to another date. received on 23-MAY-2008 |
| - |
2008-05-23 |
Ottawa |
Ottawa 23-MAY-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to discuss the motions scheduled for May 27, 2008 Result of Hearing: Mr. McHaffie's motion will go ahead as scheduled. Ms Bosman's will be scheduled for August 8, 2008 in Toronto for one full day. Ms Bosman is to provide the Court with a Draft Direction reflecting the scheduling of her motion to August 8, 2008. held by way of Conference Call Duration per day: 23-MAY-2008 from 11:00 to 12:00 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 1h Appearances: Mr. McHaffie 613-566-0546 representing Plaintiff Ms Bosman 416-865-3538 representing Defendant Minutes of Hearing entered in Vol. 776 page(s) 231 - 235 Abstract of Hearing placed on file |
| - |
2008-05-20 |
Ottawa |
Letter from Defendant dated 20-MAY-2008 providing the Court with a draft order for their motion to compel to be heard on May 27, 2008 received on 20-MAY-2008 |
| - |
2008-05-20 |
Ottawa |
Letter from Plaintiff dated 20-MAY-2008 providing the Court with a draft order for their motion to compel to be heard on May 27, 2008. received on 20-MAY-2008 |
| 83 |
2008-05-20 |
Ottawa |
Solicitor's certificate of service on behalf of Craig Collins-Williams confirming service of Motion Record on behalf of the Respondents/Undertakings and Refusals Charts upon Defendant/Plaintiff by overnight courier on 20-MAY-2008 filed on 20-MAY-2008 |
| - |
2008-05-20 |
Ottawa |
Undertaking and Refusals Charts on behalf of Solicitors for Destiny Media Technologies received on 20-MAY-2008 |
| 82 |
2008-05-20 |
Ottawa |
Motion Record in response to Motion Doc. No. 63 containing the following original document(s): 81 Number of copies received: 3 on behalf of Respondents - Destiny Media Technologies filed on 20-MAY-2008 |
| 81 |
2008-05-20 |
Ottawa |
Written Representations contained within a Motion Record on behalf of Respondents Destiny Media Technologies Inc. (Direction 2008/03/18) concerning Motion Doc. No. 63 filed on 20-MAY-2008 |
| 80 |
2008-05-20 |
Toronto |
Solicitor's certificate of service on behalf of Pauline Bosman confirming service of Doc. 70 upon Plaintiff by courier on 20-MAY-2008 filed on 20-MAY-2008 |
| 79 |
2008-05-20 |
Toronto |
Sealed envelope pursuant to Confidentiality Order dated 10-MAR-2008 (doc. 68) on behalf of Defendant purporting to contain Defendant's Responding Motion Record (re: motion to comple answers doc. 69) and Refusals Chart Filed on 20-MAY-2008 |
| 78 |
2008-05-14 |
Toronto |
Solicitor's certificate of service on behalf of Pauline Bosman confirming service of doc 77 upon all parties POC Music ULC by Courier on 12-MAY-2008 filed on 14-MAY-2008 |
| 77 |
2008-05-14 |
Toronto |
Motion Record containing the following original document(s): 74 75 76 Number of copies received: 3 on behalf of Defendant/Plaintiff by Counterclaim filed on 14-MAY-2008 |
| 76 |
2008-05-14 |
Toronto |
Written Representations contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim concerning Motion Doc. No. 74 filed on 14-MAY-2008 |
| 75 |
2008-05-14 |
Toronto |
Affidavit of Brenda Herbison sworn on 12-MAR-2008 contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim in support of Motion Doc. No. 74 with Exhibits A,B,C,D,E,F,G,H,I(CONFIDENTIAL ENVELOPE AS PER 10-MAR-08 ORDER),J,K filed on 14-MAY-2008 |
| 74 |
2008-05-14 |
Toronto |
Notice of Motion contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim returnable (but no hearing date indicated at this time) for an Order Amending the style of cause. Granting Musicrypt to add POC Music ULC as a Defendant to the Counterclaim. Granting Musicrypt leave to amend the Statement of Defence and Counterclaim dated 05-JUN-2006. filed on 14-MAY-2008 |
| - |
2008-05-12 |
Toronto |
Letter from Defendant/Plaintiff by Counterclaim dated 12-MAY-2008 Attached are 3 copies of a motion record dated 12-MAY-2008. No date has been set for the hearing of this motion, Prothonotary Aronovitch has scheduled one full day on 27-MAY-2008 to hear motions to compel answers.The enclosed motion is likely to take one-half hour or less to hear. Wr respectfully request that the enclosed motion be heard with the refusals motion on 27-MAY-2008. We dicussed this matter with opposing counsel and the are available next week Wednesday-Friday (21-May to 23, 2008) for a case conference to discuss this scheduling of this motion. received on 12-MAY-2008 |
| - |
2008-03-18 |
Ottawa |
Written directions received from the Court: Roza Aronovitch, Prothonotary dated 18-MAR-2008 directing that Re: Plaintiffs' and Defendant's Motions to Compel (Dopc. Nos 72 and 66) 1. These motions are set down to be heard consecutively in Ottawa on May 27, 2008, commencing at 9:30 a.m., for one full day. 2. For that purpose, counsel for the parties will meet in person or by telephone conference in order to try to settle any aspects of the motions no later than April 4, 2008. 3. Responding records with 5-column chart seperately bound containing only those questions that have not been settled and that require determination by the Court, shall be served and filed, in Ottawa, no later than May 20, 2008. 4. The parties shall also file draft orders with respect to the motions no later than May 20, 2008, to be filed by email to cmt_ottawa@cas-satj. gc.ca 5. Further steps in the proceeding are to be fixed at the conclusion of the hearing of the motions on May 27, 2008. placed on file on 18-MAR-2008 Confirmed in writing to the party(ies) |
| - |
2008-03-12 |
Ottawa |
Ottawa 12-MAR-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to set down outstanding motions Result of Hearing: Mr. McHaffie to provide the court with a draft direction by email by March 17, 2008 and by May 20, 2008 both parties are to five five (5) column charts re: outstanding questions held by way of Conference Call Duration per day: 12-MAR-2008 from 03:10 to 03:40 Courtroom : Judge's Chambers - Ottawa Court Registrar: Sylvie Roy Total Duration: 30min Appearances: Mr. Nicholas McHaffie (613) 566-0546 representing Plaintiffs Ms. Pauline Bosman ((613) 865-3538 representing Defendant Comments: Motion doc. no. 71 and Motion doc. no. 66 are set down to be heard for one (1) full day on May 27th, 2008 in Ottawa Minutes of Hearing entered in Vol. 770 page(s) 377 - 380 Abstract of Hearing placed on file |
| 68 |
2008-03-10 |
Ottawa |
Order dated 10-MAR-2008 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 57 Result: 1. In this Order "confidential information" shall mean and include... 2. In this Order "Counsel Eyes Only Information" shall mean and include.... 3. Confidential Information shall not include.... 4. A party, when it reasonably believes it will be disclosing... 5. The inadvertent failure to designate Confidential Infor.... 6. Any designated Confidential Information that a Party seeks.... 7. At any examination, cross-examination or other proceeding.... 8. All documents, exhibits and things which are designated .... 9. All designated Confidential Information .... 10. In the absence of written permissions from the party ..... 11. Counsel for the receiving party shall ..... 12. All items designated as Counsel's Eyes Only Information... 13. Where a party receives designated Confidential Information.... 14. Subject to terms of this Order ..... 15. The termination of the within proceeding.... 16. Upon final termination of this proceeding ..... 17. Nothing in this Order ....... 18. A party may waive in writing ..... 19. There is no Order as to costs Filed on 10-MAR-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1016 page(s) 73 - 79 Interlocutory Decision |
| - |
2008-03-10 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 10-MAR-2008 directing that Please set down the Case management teleconference for one (1) hour, on March 12, 2008 commencing at 3:00 p.m. placed on file on 10-MAR-2008 Confirmed in writing to the party(ies) |
| - |
2008-03-07 |
Ottawa |
Letter from Plaintiff, Destiny Media Technologies, Inc. dated 07-MAR-2008 seeking to have the materials filed on a confidential basis received on 07-MAR-2008 |
| 73 |
2008-03-07 |
Ottawa |
Solicitor's certificate of service on behalf of Craig Collins-Willaims confirming service of Motion Record (to compel answers) upon Defendant, Musicrypt Inc. by courier on 07-MAR-2008 filed on 07-MAR-2008 |
| - |
2008-03-07 |
Ottawa |
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff, Destiny Media Technologies, Inc. and others received on 07-MAR-2008 |
| - |
2008-03-07 |
Ottawa |
Undertakings and Refusals Chart received on 07-MAR-2008 |
| 72 |
2008-03-07 |
Ottawa |
Motion Record in response to Motion Doc. No. 69 Number of copies received: 3 on behalf of Plaintiff, Destiny Media Technologies, Inc. and other filed on 07-MAR-2008 |
| - |
2008-03-07 |
Ottawa |
Draft Order concerning Motion Doc. No. 69 received on 07-MAR-2008 |
| 71 |
2008-03-07 |
Ottawa |
Memorandum of fact and law contained within a Motion Record on behalf of Plaintiff, Destiny Media Technologies, Inc. and others filed on 07-MAR-2008 |
| 70 |
2008-03-07 |
Ottawa |
Affidavit of June Dowd sworn on 07-MAR-2008 contained within a Motion Record on behalf of Plaintiff, Destiny Media Technologies Inc. and others in support of Motion Doc. No. 69 with Exhibits "A" to "H" filed on 07-MAR-2008 |
| 69 |
2008-03-07 |
Ottawa |
Notice of Motion contained within a Motion Record on behalf of Plaintiff, Destiny Media Technologies, Inc. and others returnable (but no hearing date indicated at this time) for an Order to compel answers filed on 07-MAR-2008 Draft Order\\Judgment received. |
| - |
2008-03-07 |
Toronto |
Letter from Defendant dated 07-MAR-2008 seeking to have the motion record, document #66 filed in a sealed envelope. received on 07-MAR-2008 |
| - |
2008-03-07 |
Toronto |
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 07-MAR-2008 |
| 67 |
2008-03-07 |
Toronto |
Affidavit of service of Brenda Herbison sworn on 07-MAR-2008 on behalf of Defendant confirming service of doc. #66 upon all parties by courier on 07-MAR-2008 filed on 07-MAR-2008 |
| 66 |
2008-03-07 |
Toronto |
Motion Record containing the following original document(s): 63 64 65 Number of copies received: 3 on behalf of Defendant SEALED ENVELOPE filed on 07-MAR-2008 |
| 65 |
2008-03-07 |
Toronto |
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 32 filed on 07-MAR-2008 |
| 64 |
2008-03-07 |
Toronto |
Affidavit of Brenda Herbison sworn on 07-MAR-2008 on behalf of Defendant in support of Motion Doc. No. 63 with Exhibits "A to Z & AA" filed on 07-MAR-2008 |
| 63 |
2008-03-07 |
Toronto |
Notice of Motion on behalf of the defendant Musicrypt returnable (but no hearing date indicated at this time) for for further and better answers to undertakings..... Chris Kvas 416-868-1482 filed on 07-MAR-2008 |
| 61 |
2008-03-06 |
Ottawa |
****** CANCELLED ****** Draft Order concerning Motion Doc. No. 57 received on 06-MAR-2008 |
| - |
2008-03-05 |
Ottawa |
Draft Order concerning Motion Doc. No. 57 received on 05-MAR-2008 |
| 62 |
2008-03-05 |
Ottawa |
Motion Record containing the following original document(s): 57 58 59 60 Number of copies received: 3 on behalf of Plaintiff filed on 05-MAR-2008 with proof of service on Defendant on 05-MAR-2008 |
| 60 |
2008-03-05 |
Ottawa |
Consent on behalf of Plaintiff Defendant to Order filed on 05-MAR-2008 |
| 59 |
2008-03-05 |
Ottawa |
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 57 filed on 05-MAR-2008 |
| 58 |
2008-03-05 |
Ottawa |
Affidavit of Karen Hogan sworn on 05-MAR-2008 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 57 filed on 05-MAR-2008 |
| 57 |
2008-03-05 |
Ottawa |
Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be placed before the Court in Ottawa for an Order protecting and maintaining the confidentiality of certain documents and information to be produced by the parties during the course of this proceeding, in form of the draft Order attached hereto as Schedule "A"; in the alternative, an Order protecting and maintaining the confidentiality of certain documents and information to be produced by the parties during the course of the proceeding, in such form and such terms ... filed on 05-MAR-2008 Draft Order\\Judgment received. |
| - |
2008-03-03 |
Ottawa |
Letter from Plaintiff dated 03-MAR-2008 requesting a case management conference to fix dates for the outstanding motions received on 03-MAR-2008 |
| 56 |
2008-02-27 |
Toronto |
Affidavit of service of Brenda Herbison sworn on 27-FEB-2008 on behalf of Defendant confirming service of doc 55 upon all parties by telecopier on 27-FEB-2008 filed on 27-FEB-2008 |
| 55 |
2008-02-27 |
Toronto |
Discontinuance on behalf of Musicrypt Inc as against Promo Only Cd's Inc. filed on 27-FEB-2008 |
| - |
2008-01-29 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 29-JAN-2008 directing that Stikeman has complied with the Order of December 7, 2007. placed on file on 29-JAN-2008 Confirmed in writing to the party(ies) |
| - |
2008-01-29 |
Ottawa |
Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 29-JAN-2008 directing that The plaintiff by counterclaim is to file for default in accordance with the Court¿s Order of December 7, 2007 within 30 days. placed on file on 29-JAN-2008 Confirmed in writing to the party(ies) |
| - |
2007-12-20 |
Ottawa |
Letter sent by Registry on 20-DEC-2007 to all parties Madam Prothonotary Aronovitch will be away until the week of January 7, 2008. The correspondence from the defendant dated December 18, 2007 will be brought to her attention at that time. In her absence, matters of an urgent nature will be referred to the Prothonotary on duty, however, parties are to indicate that the matter is urgent and explain the urgency in writing Copy placed on file. |
| - |
2007-12-18 |
Ottawa |
Letter from Stikeman Elliott dated 18-DEC-2007 indicating that pursuant to the Court Order dated December 7, 2007 they have served the Order on Promo Only CD's Inc. received on 18-DEC-2007 |
| 54 |
2007-12-07 |
Ottawa |
Order dated 07-DEC-2007 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 44 Result: 1. The requirement to serve the motion for removal of solicitors of record on Promo Only CD's Inc. by personal service is hereby dispensed with. 2. Stikeman Elliott LLP is hereby removed as solicitor of record for Promo Only CD's Inc. effective upon filing of proof of service in accordance with paragraph 3. 3. A copy of this Order shall be served on Promo Only CD's Inc. by personal service or by acceptance of service of Promo Only CD's Inc. 4. Any further documents to be served on Promo Only CD's Inc. in the within litigation shall be sent care of: Dean Ernst, 116 Springmere Way, Chestermere, Alberta, T1X 1N9, Tel.: 403-366-8626, email: dean.ernst@plaympe.com 5. Promo Only CD's Inc. shall have to no later than December 20, 2007 to serve and file a motion pursuant to Rule 120, fialing which the Plaintiff by Counterclaim may proceed by default. Filed on 07-DEC-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1006 page(s) 358 - 359 Interlocutory Decision |
| - |
2007-12-03 |
Ottawa |
Letter from Stikeman Elliott LLP dated 03-DEC-2007 Re: motion in writing to be removed as solicitors of record for Promo Only CD's Inc. not yet determined by the Court, to update as to recent developments. We are advised by Mr. Dean Ernst that in accordance with the intention expressed in Mr. Ernst's e-mail of October 19, 2007, Promo Only CD's filed for dissolution on November 2007. Attached a copy of a search of the Alberta Corporate Registration System confirming that the company is now dissolved, effective November 28, 2007. And remain available to respond to any questions the court may have with respect to the matter. received on 03-DEC-2007 |
| - |
2007-12-03 |
Ottawa |
Letter from Solicitors of Record for Defendant to Counterclaim Promo Only CD's Inc. dated 03-DEC-2007 updating the Court as to recent developments regarding dissolution of the company. received on 03-DEC-2007 |
| - |
2007-11-09 |
Ottawa |
Letter from Stikeman Elliott dated 09-NOV-2007 submissions made in Reply Written Reps filed October 31, 2007 factually inaccurate received on 09-NOV-2007 |
| 53 |
2007-10-31 |
Ottawa |
Affidavit of service of June Dowd sworn on 31-OCT-2007 on behalf of Defendant confirming service of Doc. 52 upon all parties by courier and email on 31-OCT-2007 filed on 31-OCT-2007 |
| 52 |
2007-10-31 |
Ottawa |
Reply Representations on behalf of Plaintiffs / defendants by counterclaim in response to in support of motion 44 Filed on 31-OCT-2007 |
| 51 |
2007-10-25 |
Toronto |
Solicitor's certificate of service on behalf of Pauline Bosman confirming service of doc 50 upon all parties by courier and e-mail on 25-OCT-2007 filed on 25-OCT-2007 |
| 50 |
2007-10-25 |
Toronto |
Motion Record in response to Motion Doc. No. 44 containing the following original document(s): 49 Number of copies received: 3 on behalf of Defendant filed on 25-OCT-2007 |
| 49 |
2007-10-25 |
Toronto |
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 44 filed on 25-OCT-2007 |
| 48 |
2007-10-23 |
Ottawa |
Affidavit of service of June Dowd sworn on 23-OCT-2007 on behalf of Defendant by Counterclaim confirming service of Doc.47 upon Plaintiff by Countercalim by courier on 22-OCT-2007 confirming service Doc.47 upon Promo Only CD's Inc. by by e-mail on 22-OCT-2007 with Exhibits A filed on 23-OCT-2007 |
| 47 |
2007-10-23 |
Ottawa |
Motion Record containing the following original document(s): 44 45 46 Number of copies received: 3 on behalf of Defendant by Counterclaim filed on 23-OCT-2007 |
| 46 |
2007-10-23 |
Ottawa |
Written Representations contained within a Motion Record on behalf of Defendant by Counterclaim concerning Motion Doc. No. 44 filed on 23-OCT-2007 |
| 45 |
2007-10-23 |
Ottawa |
Affidavit of June Dowd sworn on 22-OCT-2007 contained within a Motion Record on behalf of Defendant by Counterclaim in support of Motion Doc. No. 44 with Exhibits A filed on 23-OCT-2007 |
| 44 |
2007-10-23 |
Ottawa |
Notice of Motion contained within a Motion Record on behalf of Defendant by Counterclaim(Stikeman Elliott LLP) in writing to be placed before the Court in Ottawa for (a) an order removing Stikeman Elliott LLP as solicitors of the Defendant by Counterclaim, Promo Only CD's Inc.; (b) an order dispensing with personal service of this motion on Promo Only CD's Inc. given that company's consent to the motion; and (c) such further and other relief as to this Honourable Court seems just. filed on 23-OCT-2007 |
| 43 |
2007-10-10 |
Ottawa |
Order dated 10-OCT-2007 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 27-SEP-2007 Result: THIS COURT ORDERS THAT: 1. Examinations for discovery, including undertakings, shall be completed by January 31, 2008. 2. Any motions arising out of discovery shall be served and filed by March 7, 2008. 3. By no later than March 3, 2008, the parties shall request a case conference to fix dates for the hearing of any outstanding motions and fix a timetable for the remainder of the steps in the proceeding. The request for a case conference is to include the availability of both counsel to attend a case management conference during the weeks of March 3 and 10, 2008. Filed on 10-OCT-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 999 page(s) 840 - 841 Interlocutory Decision |
| - |
2007-09-27 |
Toronto |
Letter from Defendant dated 27-SEP-2007 requesting an extension of time for completion of the pre-trial procedures set out in the direction of Aronovitch P. dated 1-JUN-2007 (cc'd all parties received on 27-SEP-2007 |
| 42 |
2007-07-05 |
Ottawa |
Order dated 05-JUL-2007 rendered by Chief Justice Lutfy Matter considered without personal appearance The Court's decision is with regard to Order dated 01-JUN-2007 Result: IT IS ORDERED pursuant to Rule 383 that Justice James K. Hugessen is designated as Case Management Judge and Prothonotary Aronovitch will assist in the management of this matter. Filed on 05-JUL-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 991 page(s) 116 - 117 Interlocutory Decision |
| 41 |
2007-06-01 |
Ottawa |
Order dated 01-JUN-2007 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Status Review Result: specially managed matter; Defendants by Counterclaim Promo Only...to serve their affidavits by 8-JUN-2007; examination for discovery complete by 28-SEP-2007; any motions arising from discovery served and filed by 5-NOV 2007. Filed on 01-JUN-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 987 page(s) 72 - 73 Interlocutory Decision |
| 40 |
2007-05-11 |
Ottawa |
Solicitor's certificate of service on behalf of Nicholas McHaffie confirming service of the Notice of Review Status Report upon Defendant plaintiff by counterclaim by telecopier on 11-MAY-2007 filed on 11-MAY-2007 |
| - |
2007-05-11 |
Ottawa |
Letter from Plaintiff dated 11-MAY-2007 notice of review status report received on 11-MAY-2007 |
| 39 |
2007-04-10 |
Ottawa |
Notice of Status Review by Chief Justice Lutfy to the parties and their solicitors requiring the Plaintiff to show cause by written submissions to be served and filed no later than 11-MAY-2007 why this action should not be dismissed for delay Filed on 10-APR-2007 cc's sent to parties |
| 38 |
2007-01-11 |
Toronto |
Order dated 11-JAN-2007 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 32 Result: 1. Pursuant to Rule 107, all issues of fact pertaining to (1) The extent of the infrigement of any right or other actionable wronga alleged; (2) The damages flowing from any infrigement of any right or other actionable wrong alleged; (3) The profits arising from infrigement of any right or other actionable wrongs alleged; and (4) Any apportionment arising in connection with damages or profits. Be the subject or a seperate determination to be conducted after the trial on the remaining issues as set out in the pleadings if it then appears that such issues need to be decided. 2. The parties may proceed to trial on the remaining issues as set out in the pleadings without oral or documentary discovery with respect to the issues identified in paragraph 1 herein. 3. The procedure to be followed as to the determination of the issues identified in paragraph 1 herein shall be directed by the Court, upon motion after Judgment in the trial ont he remaining issues. 4. No Costs be granted in respect of this motion. Filed on 11-JAN-2007 certified copies sent to parties entered in J. & O. Book, volume 969 page(s) 79 - 80 Interlocutory Decision |
| 37 |
2006-12-19 |
Toronto |
Affidavit of service of Shannon Carlson sworn on 19-DEC-2006 on behalf of Respondent confirming service of doc # 36 upon Plaintiff by courier on 19-DEC-2006 filed on 19-DEC-2006 |
| 36 |
2006-12-19 |
Toronto |
Motion Record containing the following original document(s): 32 33 34 35 Number of copies received: 3 on behalf of Respondent filed on 19-DEC-2006 |
| 35 |
2006-12-19 |
Toronto |
Written Representations contained within a Motion Record on behalf of Respondent concerning Motion in writing Doc. No. 32 filed on 19-DEC-2006 |
| 34 |
2006-12-19 |
Toronto |
Consent on behalf of Respondent to Motion doc #32 filed on 19-DEC-2006 |
| 33 |
2006-12-19 |
Toronto |
Affidavit of Shannon Carlson sworn on 19-DEC-2006 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 32 with Exhibits A-G filed on 19-DEC-2006 |
| - |
2006-12-19 |
Toronto |
Draft Order concerning Motion Doc. No. 32 received on 19-DEC-2006 |
| 32 |
2006-12-19 |
Toronto |
Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Toronto local office for an Order pursuant to Rule 107 bifurcating the issues o liability for infringement or other actionable wrong in these proceedings from the issues of the extent of such liability, the damages resulting therefrom or the profits realized thereunder, and any apportionment in connection with any damages or profits in the form attached as Schedule A hereto; and Such further and other Order as this Honourable Court deems just. filed on 19-DEC-2006 |
| 31 |
2006-08-25 |
Toronto |
Affidavit of service of SHANNON CARLSON sworn on 25-AUG-2006 on behalf of MUSICRYPT INC confirming service of DOC 30 upon Plaintiff by telecopier on 25-AUG-2006 filed on 25-AUG-2006 |
| 30 |
2006-08-25 |
Toronto |
REPLY TO DEFENCE TO COUNTERCLAIM on behalf of PLAINTIFF BY COUNTERCLAIM (MUSICRYPT INC.) in response to DEFENCE TO COUNTERCLAIM Filed on 25-AUG-2006 |
| 29 |
2006-08-25 |
Toronto |
Affidavit of service of Derrick Redding Sr. sworn on 20-JUN-2006 on behalf of Defendant (Musicrypt) confirming service of doc 11 upon Defendants to the counterclaim (Promo Only Inc) by personal service on 19-JUN-2006 filed on 25-AUG-2006 |
| 28 |
2006-08-21 |
Toronto |
Order dated 21-AUG-2006 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 21 Result: granted 1. Promo Only shall serve a Response to Musicrypt's request fo Particulars of the defence to Counterclaim by Promo Only dated August 3, 2006 on or before August 22, 2006, and 2. The time for filing and serviec of Musicrypt's Reply to Defence to Counterclaim by Promo Only is hereby extended to August 27, 06. Filed on 21-AUG-2006 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 953 page(s) 459 - 460 Interlocutory Decision |
| 26 |
2006-08-15 |
Toronto |
Affidavit of service of Shannon Carlson sworn on 15-AUG-2006 on behalf of Defendant confirming service of Doc 24 upon Plaintiff and defendant by Counterclaim, Promo Only Inc. and Promo Only CD's Inc. by courier on 15-AUG-2006 filed on 15-AUG-2006 |
| 25 |
2006-08-15 |
Toronto |
****** CANCELLED ****** Solicitor's certificate of service on behalf of Shannon Carlson confirming service of Doc 29 upon Plaintiff and Defendants by Counterclaim by courier on 15-AUG-2006 filed on 15-AUG-2006 |
| 24 |
2006-08-15 |
Toronto |
Motion Record containing the following original document(s): 21 22 23 Number of copies received: 3 on behalf of Defendant filed on 15-AUG-2006 |
| 23 |
2006-08-15 |
Toronto |
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 21 filed on 15-AUG-2006 |
| 22 |
2006-08-15 |
Toronto |
Affidavit of Shannon Carlson sworn on 14-AUG-2006 contained within a Motion Record on behalf of Applicant in support of Motion Doc. No. 21 with Exhibits A-E filed on 15-AUG-2006 |
| 21 |
2006-08-15 |
Toronto |
Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Toronto local office for an Order requiring the Defendants by Counterclaim, Promo Only, Inc. and Promo Only CD's Inc. to serve a response to demand for particulars, etc. filed on 15-AUG-2006 Draft Order\\Judgment received. |
| 20 |
2006-08-08 |
Toronto |
Consent on behalf of all parties to 5 day extension of time to 12-Aug-2006 for service/filing by the defendant/ plaintiff by counterclaim of its reply to defence to counterclaim-pursuant à to Rule 7. filed on 08-AUG-2006 |
| 27 |
2006-08-02 |
Toronto |
Affidavit of service of William John Stevens sworn on 14-JUN-2006 on behalf of Defendant confirming service of doc.18 and doc.1 upon Promo Only CD's Inc.(Defendant to Counterclaim) by personal service on 14-JUN-2006 filed on 02-AUG-2006 |
| - |
2006-07-28 |
Ottawa |
Covering letter from Promo Only Inc. dated 28-JUL-2006 concerning Doc. Nos. 18 19 placed on file on 28-JUL-2006 |
| 19 |
2006-07-28 |
Ottawa |
Affidavit of service of Avril Milne sworn on 28-JUL-2006 on behalf of Promo Only Inc. and Promo Only CDs Inc. confirming service of Doc 18 upon Plaintiff by telecopier on 28-JUL-2006 filed on 28-JUL-2006 |
| 18 |
2006-07-28 |
Ottawa |
Defence to Counterclaim of the Defendants by Counterclaim Promo Only, Inc. and Promo Only CD's Inc. filed on 28-JUL-2006 |
| 17 |
2006-07-14 |
Toronto |
Affidavit of service of KAREN LAROCQUE sworn on 14-JUL-2006 on behalf of DEFENDANTS/PLAINTIFFS BY COUNTERCLAIMÀ confirming service of DOC 163 upon Plaintiff by telecopier on 14-JUL-2006 filed on 14-JUL-2006 |
| 16 |
2006-07-14 |
Toronto |
Reply to Defence to Counterclaim on behalf of DEFENDANT / PLAINTIFF BY COUNTERCLAIM Filed on 14-JUL-2006 |
| 15 |
2006-07-14 |
Ottawa |
Consent on behalf of Promo Only Inc. et al and the Plaintiff by Counterclaim to extend the time for Promo to serve and file their Defence to Counterclaim filed on 14-JUL-2006 |
| 14 |
2006-07-07 |
Ottawa |
Affidavit of service of June Dowd sworn on 06-JUL-2006 on behalf of Plaintiff confirming service of 13 upon Defendant by telecopier on 06-JUL-2006 received by fax and filed on 07-JUL-2006 |
| 13 |
2006-07-07 |
Ottawa |
Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 07-JUL-2006 |
| 12 |
2006-06-09 |
Toronto |
Affidavit of Shannon Carlson on behalf of Defendant/Plaintiff by Counterclaim sworn on 08-JUN-2006 confirming service of doc 11 on Plaintiffs/Defendants by counterclaim by courier on 07-JUN-2006 filed on 09-JUN-2006 |
| 11 |
2006-06-05 |
Toronto |
Defence and Counterclaim filed on 05-JUN-2006 other action - $150.00 |
| 10 |
2006-05-18 |
Toronto |
Consent on behalf of all parties to R. 7 extension of time RE: Defence filed on 18-MAY-2006 |
| 9 |
2006-04-21 |
Ottawa |
Tender of payment into Court on behalf of Plaintiff pursuant to Order filed on 12-APR-2006 in the amount of $10,000.00 filed on 21-APR-2006 |
| 8 |
2006-04-12 |
Ottawa |
Order dated 12-APR-2006 rendered by Mireille Tabib, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 3 Result: THIS COURT ORDERS: 1. The service of the Statement of Claim on the Defendant of March 8, 2006 be and the same is hereby set aside. 2. The Plaintiffs are required, pursuant to subsection 60(3) of the Patent Act, to give security for costs in the amount of $10,000.00 within 14 days of the date of this Order, by paying said amount into Court pursuant to Rule 143, or by filing either a bond of surety of a qualified guarantor or an irrevocable letter of credit from an accredited financial institution in said amount pursuant to Rule 418(b). 3. Service of the Statement of Claim on the Defendant shall be deemed effective as of the date that notice is provided to Ridout & Maybe LLP, counsel for the Defendant, that Paragraph 2 has been complied with. 4. Leave is granted to the Defendant to apply, if and when necessary, for an increase in the amount of security for costs. 5. There shall be no costs of this motion. Filed on 12-APR-2006 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 937 page(s) 439 - 440 Interlocutory Decision |
| 7 |
2006-04-06 |
Ottawa |
Motion Record containing the following original document(s): 3 4 5 6 Number of copies received: 3 on behalf of Plaintiffs filed on 06-APR-2006 |
| - |
2006-04-06 |
Ottawa |
Draft Order concerning Motion Doc. No. 3 received on 06-APR-2006 |
| 6 |
2006-04-06 |
Ottawa |
Consent on behalf of all parties to Motion no.3 filed on 06-APR-2006 |
| 5 |
2006-04-06 |
Ottawa |
Written Representations contained within a Motion Record on behalf of Plaintiffs concerning Motion in writing Doc. No. 3 filed on 06-APR-2006 |
| 4 |
2006-04-06 |
Ottawa |
Affidavit of Geoffrey Langen sworn on 06-APR-2006 contained within a Motion Record on behalf of Plaintiffs in support of Motion Doc. No. 3 filed on 06-APR-2006 |
| 3 |
2006-04-06 |
Ottawa |
Notice of Motion contained within a Motion Record on behalf of Plaintiffs in writing to be placed before the Court in Ottawa for an Order setting aside service of the Statement of Claim,requiring the Plaintiffs to post security for costs in the amount of $10,000.00 and deeming service of the Statement of Claim to be effective upon notice of the Defendant of the posting of such security filed on 06-APR-2006 Draft Order\\Judgment received. |
| 2 |
2006-03-08 |
Ottawa |
Affidavit of service of Gary Krolicki sworn on 08-MAR-2006 on behalf of Plaintiff confirming service of Doc. 1 upon Defendant by personal service on 08-MAR-2006 filed on 08-MAR-2006 |
| 1 |
2006-03-07 |
Ottawa |
Statement of Claim filed on 07-MAR-2006 Tariff other action - $150.00 |
The last database update occurred on 2010-07-30 13:48