Terrasse Jewelleries Inc. v. Canada
T-813-83
Nadon J.
16/4/97
9 pp.
Motion under R. 5 to determine whether Trial Judge, Rouleau J., functus officio-Rouleau J. issuing judgment in favour of plaintiffs on June 9, 1988-On December 9, 1989, assessment of damages made by Rouleau J. pursuant to judgment of June 9, 1988-RCMP conducting raid on head office of Ross Brothers (1975) Inc. in April 1979-Seizing quantity of jewellery during raid-Rouleau J. holding defendant's servants did not comply with express provisions of Customs Act, seizure illegal, invalid-Allowing plaintiffs 25% in value of seized jewellery deemed more saleable-Failure on defendant's part to permit selection by plaintiffs giving rise to application for recovery in damages of 25% of total sum of $720,000 plus simple interest at 6% per annum-Rouleau J. turning mind to giving plaintiffs compensation in kind, damages-No absolute alternative award for compensation-Decision clear plaintiffs to be compensated for illegal seizure by getting back articles illegally seized-Rouleau J. turned mind to all relevant issues, made determination-Nothing left for him to do-Rouleau J. functus officio-Federal Court Rules, C.R.C., c. 663, R. 5-Customs Act, R.S.C. 1970, c. C-40.