Date: 19980331
Docket: T-2413-95
BETWEEN:
BOURGAULT INDUSTRIES LTD.,
Plaintiff,
- and -
FLEXI-COIL LTD.,
Defendant.
REASONS FOR ORDER AND ORDER
CAMPBELL, J.
[1] The Notice of Motion by Bourgault Industries Ltd. for reconsideration pursuant to Rule 337(5), filed March 9, 1998 is hereby dismissed for the following reasons:
| 1) I did not overlook or accidently omit to consider the issue of pre-judgment interest but acted on the prayer for relief in paragraph 12(e) of the Statement of Claim which requested: |
| "pre-judgment or post-judgment interest" [emphasis added] |
| 2) In acting on the relief requested, I chose post-judgment interest as being the most appropriate relief to grant. |
| 3) I award costs of this motion to Flexi-Coil Ltd. |
(Sgd.) "Douglas Campbell"
Judge
Vancouver, BC
March 31, 1998
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
HEARING DATED: March 23, 1998
COURT NO.: T-2413-95
STYLE OF CAUSE: BOURGAULT INDUSTRIES LTD.
v.
FLEXI-COIL LTD.
PLACE OF HEARING: Vancouver, BC
REASONS FOR ORDER AND ORDER OF CAMPBELL, J.
dated March 31, 1998
APPEARANCES:
Mr. Brian P. Isaac
Mr. Kohji Suzuki for Applicant (Plaintiff)
Mr. Roger T. Hughes, Q. C.
Mr. Gordon S. Clarke for Respondent (Defendant)
SOLICITORS OF RECORD:
Smart & Biggar
Ottawa, ON for Plaintiff
Gordon S. Clarke
Caledon East, ON for Defendant