In the recent decision of Casella Wines PTY Limited v. Constellation Brands Canada, Inc., 2015 FC 403, the defendant in a trademark dispute sought a bifurcation order
after examinations for discovery.
After examinations for discovery, you receive a reasonable offer to settle from the insurer.
Then
after examinations for discovery maybe that probability changes, maybe it doesn't.
Such facts would only be established
after examination for discovery and trial.
Even after the action was commenced there was little activity in the action
after the examination for discovery of the defendant in January of 2010.
Not exact matches
After the opening scene - setting chapters, the reader is well rewarded with many nuggets: the story of his tramps around France mapping its geology; his fortitude in redistil - ling pure water
for 101 days to prove that it would not turn into «earth» (he later proved that it consisted of hydrogen and oxygen); his marriage; his tests
for tobacco adulteration; his brush with death at the gunpowder factory; his
examination of mesmerism; his tragic final years; and, of course, his main
discoveries and contributions, including his exchanges with the English scientist Joseph Priestley.
The Court of Appeal set aside the dismissal where the plaintiff continued to move the action along, participated in
examinations for discovery before and
after the action was dismissed, and actions taken by the defendants» counsel did not support actual prejudice or reliance on finality.
(1) the plaintiff participated in five
examinations for discovery with respect to the two actions, before and
after the first action was dismissed;
At any time
after the filing of a joint case conference report, or not sooner than 10 days
after a party has filed a separate case conference report, or upon order by the court or
discovery commissioner, any party who has complied with Rule 16.1 (a)(1) may obtain
discovery by one or more of the following additional methods: depositions upon oral
examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property under Rule 34 or Rule 45 (a)(1)(C),
for inspection and other purposes; physical and mental
examinations; and requests
for admission.
While the statement of claim dates back to May 2007, it took nearly three years to complete the plaintiff's
examination for discovery after four previous failed attempts.