WSM Inc. v. Slaight Communications Inc., (1986) 10 F.T.R. 1 (TD)

• Judge: Cullen, J.
• Court: Federal Court (Canada)
• Case Date: November 20, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 10 F.T.R. 1 (TD)

WSM Inc. v. Slaight Com. Inc. (1986), 10 F.T.R. 1 (TD)

MLB headnote and full text

WSM Incorporated (applicant) v. Radio IWC Limited (respondent)

(No. T-8503-82)

WSM Incorporated (applicant) v. Slaight Communications Inc. (respondent)

(No. T-1151-85)

Indexed As: WSM Inc. v. Slaight Communications Inc.

Federal Court of Canada

Trial Division

Cullen, J.

November 26, 1986.

Summary:

Slaight Communications Inc. applied to stay proceedings commenced against it by WSM Inc., arguing that the proceedings were an abuse of process because a similar action was previously commenced against Slaight by WSM, but not pursued.

The Federal Court of Canada, Trial Division, allowed Slaight's application and stayed WSM's second action. WSM subsequently applied to lift the stay of proceedings.

The Federal Court of Canada, Trial Division, dismissed WSM's application.

Practice - Topic 5285

Trials - General - Stay of proceedings - Lifting of stay - Slaight Communications Inc. was granted a stay of proceedings against an action by WSM Inc. - WSM Inc. brought the action after an earlier action was discontinued - WSM Inc. applied to lift the stay - The Federal Court of Canada, Trial Division, dismissed the motion - The court held that there were no new facts presented to the court which would justify lifting the stay - See paragraphs 7 to 15.

Cases Noticed:

Molson Companies Ltd. v. Registrar of Trademarks et al. (1985), 5 C.P.R.(3d) 287, refd to. [para. 6].

Lee et al. v. Segal's (Michael) Inc. (1972), 5 C.P.R.(2d) 204, consd. [para. 11].

WSM Inc. v. Radio IWC Ltd. (1986), 4 F.T.R. 109; 9 C.P.R.(3d) 388, consd. [para. 13].

Statutes Noticed:

Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, sect. 50(3) [paras. 4, 5].

Federal Court Rules, rule 406 [para. 3]; rule 406(3) [para. 5].

Counsel:

Kenneth Sharpe, for the plaintiff;

Barry A. Leon, for the defendant.

Solicitors of Record:

Barrigar & Oyen, Ottawa, Ontario, for the plaintiff;

Riches, McKenzie & Herbert, Toronto, Ontario, by their counsel: Tory, Tory, Deslauriers & Binnington, Toronto, Ontario, for the defendant.

This motion was heard on November 20, 1986, at Toronto, Ontario, before Cullen, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on November 26, 1986: