Kishinchand & Sons ( Hong Kong ) Ltd. v. Wellcorp Container Lines Ltd.
T-271-93
Noël J.
30/5/95
3 pp.
Motion for reconsideration of judgment ([1995] 2 F.C. 37) as to amount of damages on basis Trial Judge misunderstood counsel's agreement damages sustained $210,776.89 rather than $201,776.89-Application allowed-No basis to argument since judgment under appeal, proper course would be for plaintiff to raise issue before Court of Appeal-Under R. 337(5), party may move for reconsideration before Court as constituted at time of pronouncement-Court of Appeal would therefore not be in position to deal with plaintiff's motion-No basis to defendants' counsel argument, although admitting agreement on higher amount, as statement of claim had not been amended, corrective order would be ultra petita-Counsel's agreement manifestly indicating consent to amendment to statement of claim-Apparent in absence of slip, statement of claim would have been so read, and judgment would have been given accordingly-Federal Court Rules, C.R.C., c. 663, R. 337(5).