PRACTICE |
Judgments and Orders |
Reversal or Variation |
United Parts of Florida Inc. v. Crawford
T-778-99
Hargrave P.
17/1/00
5 pp.
Application for reconsideration of order by way of endorsement on ground portion of order related to matter upon which no argument--Court initially ordering sale of former Canadian naval vessels to American buyers--Sale not completed--Order in question arising out of application to approve second sale--Defendants objecting to last three sentences of paragraph 8 of order as to ownership of military hardware, including missile system, on board--Paragraph referring to initial sale--Defendant Crawford, claiming to be purchaser from Canadian military--Concerned conclusion in order might prejudice claim against military as to ownership of ships--Conclusion as to ownership not supported by affidavit evidence at hearing resulting in order, but based on representations in earlier motion for inspection of ships, opposed on ground sensitive equipment on board--Prothonotary reminded of danger of confusing, perhaps misconstruing unsupported representations by counsel with affidavit evidence--Federal Court Rules, 1998, r. 397, providing for motions to reconsider, correct mistakes, not empowering judge to re-examine conclusions drawn from evidence: Kun Shoulder Rest Inc. v. Joseph Kun Violin and Bow Maker Inc. (1999), 172 F.T.R. 149 (F.C.T.D.)--Kun Shoulder not applicable herein as no evidence, merely representations at earlier stage, dealing with status of military equipment--Reconsideration deals with inadvertent mistake or omission: Sivakumar v. Canada (Minister of Citizenship and Immigration) (1998), 150 F.T.R. 299 (F.C.T.D.)--Thus conclusion as to ownership of military, unsupported by affidavit evidence, inadvertent mistake subject to reconsideration--Removal of last sentence preserving status quo between military, Crawford--Amended order to issue--Federal Court Rules, 1998, SOR/98-106, r. 397.