Date: 20000308
Docket: T-734-99
BETWEEN:
CARLSON LEARNING COMPANY
Plaintiff
- and -
EXECUTIVE LEARNING SYSTEMS INTERNATIONAL INC.
PERFORMANCE ACHIEVEMENT INTERNATIONAL INC.
and JOSEPH SIMON LACROIX also known as
JOSEPH SIMON
Defendants
REASONS FOR ORDER
LEMIEUX J.
[1] Carlson Learning Company (the "plaintiff") obtained from this Court on November 29, 1999, an ex parte default judgment pursuant to Rule 210 of the Federal Court Rules, 1998. Judgment was signed on December 1, 1999.
[2] The plaintiff submitted a proposed revised judgment on December 3, 1999 which I was requested to sign but did not. In this proposed revised judgment the plaintiff wanted to leave open the option to seek an accounting for profits before being put to an election with respect to damages or loss of profits. In the December 1, 1999 judgment, which I signed, the plaintiff had already elected for damages. This change, the plaintiff"s solicitors informed the Court, was being requested "following further discussions with the client". The second change was the addition of a provision for costs. The December 1, 1999 judgment which I signed did not request costs. The change would award the plaintiff costs on a solicitor-client basis.
[3] The matter came before Reed J. on February 21, 2000 who refused to deal with it saying that I should deal with the request.
[4] I am not satisfied the plaintiff has made a case for variance under Rule 399(2). The plaintiff has provided me with no authority upon which I could vary the December 1, 1999 judgment. Prima facie, the changes sought are not new matters that arose or were discovered subsequent to the making of the order. The plaintiff simply changed his mind. This is not sufficient.
[5] Motion dismissed.
"François Lemieux
J u d g e