WSM Inc. v. Slaight Communications Inc., (1986) 3 F.T.R. 194 (TD)

JudgeMuldoon, J.
CourtFederal Court (Canada)
Case DateSeptember 19, 1985
JurisdictionCanada (Federal)
Citations(1986), 3 F.T.R. 194 (TD)

WSM Inc. v. Slaight Com. Inc. (1986), 3 F.T.R. 194 (TD)

MLB headnote and full text

WSM Incorporated v. Slaight Communications Inc.

(T-1151-85)

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

Federal Court of Canada

Trial Division

Muldoon, J.

March 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.

Practice - Topic 5277

Trials - General - Stay of proceedings - When available - To prevent an abuse of process - WSM commenced an action against Slaight under the Trade Marks Act in 1982 - Slaight filed and served the necessary documents but WSM did not - WSM took no further steps in the 1982 action - Subsequently WSM commenced a new action against Slaight in the same matter - The Federal Court of Canada, Trial Division, used its discretionary power under s. 50 of the Federal Court Act to stay the second action, because to allow WSM to mask its dilatoriness by pressing on with new proceedings would be an abuse of the court's process.

Statutes Noticed:

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 50 [para. 5].

Counsel:

Kenneth Sharpe, for the applicant;

Barry Leon, for the respondent.

Solicitors of Record:

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

Tory, Tory, Deslauriers & Binnington, Toronto, Ontario, for the respondent.

This application was heard at Ottawa, Ontario, on September 19, 1985, before Muldoon, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on March 26, 1986:

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1 practice notes
  • WSM Inc. v. Slaight Communications Inc., (1986) 10 F.T.R. 1 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 20 Noviembre 1986
    ...brought a motion to lift the stay of proceedings imposed by order of Mr. Justice Muldoon dated March 26, 1986 re action T-1151-85. [see: 3 F.T.R. 194] At that time Mr. Justice Muldoon also heard a second motion in T-1151-85 and a motion in T-8503-82. [see: 4 F.T.R. 109] The motions were rel......
1 cases
  • WSM Inc. v. Slaight Communications Inc., (1986) 10 F.T.R. 1 (TD)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • 20 Noviembre 1986
    ...brought a motion to lift the stay of proceedings imposed by order of Mr. Justice Muldoon dated March 26, 1986 re action T-1151-85. [see: 3 F.T.R. 194] At that time Mr. Justice Muldoon also heard a second motion in T-1151-85 and a motion in T-8503-82. [see: 4 F.T.R. 109] The motions were rel......

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