PRACTICE |
Judgments and Orders |
Baker Petrolite Corp. v. Canwell Enviro-Industries Ltd.
A-483-01
2002 FCA 481, Strayer J.A.
3/12/02
4 pp.
Trial Division ordering defendant City of Medicine Hat to pay plaintiffs $621,412 for profits flowing from patent infringement--City paying $638,859 in satisfaction of judgment, including pre- and post-judgment interest--Court of Appeal later setting aside decision of Trial Judge and dismissing claim with costs--Plaintiffs repaying $638,859 but refusing to pay interest for period of time it had use of monies--Defendant bringing motion requiring order for payment of interest of $24,071--Motion allowed--Motion treated as motion to vary Court order under r. 399(2) of Federal Court Rules, 1998 by reason of matter discovered subsequent to making of order--Judgment setting aside trial judgment removing any equitable claim plaintiffs had to money paid to them--Not unreasonable for defendants to assume plaintiffs would repay money with interest-- Plaintiff's objection to payment of interest not apparent until after disposition of appeal--Parties should as far as possible be returned to position would have enjoyed had there been no trial judgment--Court ordering payment of pre- and post-judgment interest--Federal Court Rules, 1998, SOR/98-106, r. 399(2).