Emerson Electric Co. v. Canadian Tire Corporation Limited, 2016 FC 308

Canadian Tire brought a motion to strike two sentences from each of five paragraphs in the Statement of Claim. In the alternative, particulars were sought. Each of the impugned paragraphs alleged and claimed in respect of additional acts of infringement that were within the Defendant's knowledge. The Court dismissed the motion, holding that the broad pleadings were tied to particular characteristics defining the infringement, and the Defendant knew better than the Plaintiffs what infringements, if any, it has committed. Furthermore, the task of identifying the impugned products was held not to be onerous.