Invacare Corp. v. Everest & Jennings Canadian Ltd., (1984) 55 N.R. 73 (FCA)

• Judge: Urie, Ryan and Stone, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 14, 1983
• Jurisdiction: Canada (Federal)
• Citations: (1984), 55 N.R. 73 (FCA)

Invacare Corp. v. Everest & Jennings (1984), 55 N.R. 73 (FCA)

MLB headnote and full text

Invacare Corporation v. Everest & Jennings Canadian Ltd.

(No. A-1422-83)

Indexed As: Invacare Corp. v. Everest & Jennings Canadian Ltd.

Federal Court of Appeal

Urie, Ryan and Stone, JJ.

February 14, 1984.

Summary:

The plaintiff brought an action for patent infringement. The defendant sought the production of a file belonging to the plaintiff. The Federal Court of Canada, Trial Division, in a decision unreported in this series of reports, refused to require the plaintiff to produce the file. The defendant appealed.

The Federal Court of Appeal allowed the appeal.

Practice - Topic 4573

Discovery - What documents must be produced - Documents relating to matters in issue - The Federal Court of Appeal set out the test to determine the relevancy of documents for purposes of discovery - See paragraph 3.

Cases Noticed:

Boxer and Boxer Holdings Ltd. v. Reesor et al., [1983] B.C.L.R. 352, refd to. [para. 3].

Counsel:

P.E.J. Wells, for the appellant;

G.F. Zimmerman, for the respondent.

This appeal was heard before Urie, Ryan and Stone, JJ., of the Federal Court of Appeal, in Toronto, Ontario, on February 14, 1983. The decision of the Court of Appeal was delivered orally by Urie, J., at Toronto, Ontario on February 14, 1984.