PRACTICE |
Judgments and Orders |
Default Judgment |
Walt Disney Co. (Canada) v. Persons Unknown
T-1058-98
Pelletier J.
23/2/00
3 pp.
Application for order pursuant to settlement agreement between plaintiffs and defendant David Hui c/o Honey House Bedding & Housewares--Agreement providing for payment of certain sum of money as damages but if defendant pays lesser sum, excess of damages over amount paid will be forgiven--In default, however, defendant consents to judgment being entered for entire amount of damages less any amounts paid--Defendant also consenting to judgment for permanent injunction restraining him from infringing upon plaintiffs' trade-marks and to surrender of goods seized from him pursuant to prior Court order--Court asked to issue order incorporating permanent injunction and surrender of property seized, leaving it open to plaintiffs to apply for monetary judgment in event of default in payment of agreed upon amount--Application dismissed--In Carpenter Fishing Corp. v. Canada, [1998] 2 F.C. 548, Federal Court of Appeal held there should only be one judgment at conclusion of trial and that judgment ought not to be rendered in installments--Principle applicable to default judgments--No authority to spread final order of Court over number of orders--No need to depart from established principles herein--To extent motion seeking some final relief now but seeking to hold door open for further final order at later date, motion should not be granted.