Motion to file further affidavits granted to ensure consistent evidentiary record in related proceedings.
The applicant brought a motion for leave to serve further affidavits in an application involving a trademark dispute.
The application was being case-managed with a related infringement action between the same parties.
The applicant sought to file corrected affidavits regarding its corporate history, which had been put in issue in the respondent's summary judgment motion in the related action.
The Federal Court granted the motion despite finding that the evidence could have been anticipated and provided earlier, reasoning that it was in the interests of justice for the two closely related proceedings to be heard on the same evidentiary record.
Costs of the motion were awarded to the respondent due to the applicant's lack of diligence.
