Date: 20030326 Docket: T-2136-02 Citation: 2003 FCT 352 Montreal, Quebec, March 26, 2003 Present: Richard Morneau, Esq., Prothonotary BETWEEN: MAXTECH MANUFACTURING INC. Plaintiff and ALLTRADE INC., ALLTRADE TOOLS LLC. and ANDRE LIVIAN Defendants REASONS FOR ORDER AND ORDER [ 1 ] In light of what was mentioned by this Court in the case of Painblanc v.

Kastner et al. (1994), 58 C.P.R. (3d) 502 , and the jurisprudence cited therein, in my opinion, it is plain and obvious that paragraphs 5 and 24 of the Statement of Claim do not disclose sufficient material facts to properly engage the liability of Andre Livian as a personal defendant. [ 2 ] I therefore order the striking out of Andre Livian as a party defendant to this action, subject to the right of the plaintiff to file and serve an amendment on or before April 2, 2003, or within such further period as the parties may agree, alleging material facts which would, if proven, establish liability on the part of Andre Livian. [ 3 ] The Defendants shall serve and file their Statement of Defence within thirty (30) days of the service of the Plaintiff's Amended Statement of Claim. [ 4 ] Costs are in the cause.

Richard Morneau Prothonotary FEDERAL COURT OF CANADA TRIAL DIVISION Date : 20030326 Docket : T-2136-02 BETWEEN: MAXTECH MANUFACTURING INC. Plaintiff and ALLTRADE INC., ALLTRADE TOOLS LLC. and ANDRE LIVIAN Defendants REASONS FOR ORDER AND ORDER

FEDERAL COURT OF CANADA TRIAL DIVISION COUNSEL AND SOLICITORS OF RECORD DOCKET: STYLE OF CAUSE: T-2136-02 MAXTECH MANUFACTURING INC. Plaintiff and ALLTRADE INC., ALLTRADE TOOLS LLC. and ANDRE LIVIAN Defendants PLACE OF HEARING: Montreal, Quebec DATE OF HEARING: March 17, 2003 REASONS FOR ORDER OF RICHARD MORNEAU, ESQ., PROTHONOTARY DATED: March 26, 2003 APPEARANCES : Mr. Kevin L. Laroche for the Plaintiff Ms. Joanne Chriqui Ms. Madeleine Lamothe Samson for the Defendants SOLICITORS OF RECORD : Borden Ladner Gervais Ottawa, Ontario for the Plaintiff Ogilvy Renault Montreal, Quebec for the Defendants