Decision

Federation of Asian Canadians Toronto v. Asialicious Holdings Inc., 2024 FC 933

Associate Justice Horne - 2024-06-18

Read full decision. Automatically generated summary:

The defendants also move for an order striking the statements of defence to counterclaim of Wan Ling Leung and Edbert Joaquin. ... I issued an order on December 8, 2023 that reviewed the delays in scheduling examinations for discovery, and expressed frustration with the parties’ non-compliance with directions and orders in this respect. ... "Any party that fails to meet any deadline in this order may have their pleading struck, and ordered to pay costs.” This order was not appealed, and is final. ... Ms Leung and Mr Joaquin were unambiguously warned in the December 8, 2023 order that non-compliance with deadlines may result in a pleading being struck. In light of the repeated, and for Mr Joaquin ongoing, non-compliance with that order, their statements of defence to counterclaim will be struck, without leave to amend or re-file.

Decision relates to:

  • T-1346-21 - Federation of Asian Canadians Toronto v. Asialicious Holdings Inc. et Al.

 

Canadian Intellectual Property