Date: 20030103
Docket: T-551-99
Neutral Citation: 2003 FCT 3
Ottawa, Ontario, this 3rd day of January 2003
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
RAGDOLL PRODUCTIONS (UK) LIMITED and
THE ITSY BITSY ENTERTAINMENT COMPANY and
THE ITSY BITSY ENTERTAINMENT COMPANY (CANADA), INC.
Plaintiffs
- and -
JANE DOE and JOHN DOE and OTHER PERSONS, NAMES
UNKNOWN, WHO OFFER FOR SALE, SELL, IMPORT,
MANUFACTURE, DISTRIBUTE, ADVERTISE, OR DEAL IN
UNAUTHORIZED OR COUNTERFEIT TELETUBBIES MERCHANDISE,
AND THOSE PERSONS LISTED IN SCHEDULE "A" HERETO
Defendants
REASONS FOR ORDER AND ORDER
Baju B. Kumar (3) and Indra Bakhshi (4)
[1] The plaintiffs seek default judgment against Baju B. Kumar and Indra Bakhshi as a result of the execution of their Anton Piller Order. The difficulty is that the plaintiffs have already recoved judgment against Indra Bakhshi in the amount of $3,000.00 as a result of this same execution;
[2] Consequently the motion for judgment against Indra Bakhshi must be dismissed as judgment has already been rendered against her in relation to that transaction;
[3] There remains only the motion for judgment against Baju B. Kumar. But allowing that motion would enable the plaintiffs to recover $3,000.00 against each of the defendants as opposed to $3,000.00 from both of the defendants.
[4] The proper course for the plaintiffs to follow, if they wish to pursue Baju B. Kumar is to seek to vary the judgment entered against Indra Bakhshi by adding Baju B. Kumar as a defendant, jointly and severally with the defendant Indra Bakhshi. This is not a representation that such an application will succeed.
[5] The application for default judgment will be dismissed.
ORDER
The motion for judgment in default of defence is dismissed without costs.
"J.D. Denis Pelletier"
Judge