Date: 20000927
Docket: T-2360-92
Ottawa, Ontario, this 27th day of September 2000
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
POLO RALPH LAUREN CORPORATION,
MODES ALTO-REGAL INC.,
POLO RALPH LAUREN, L.P., and
THE POLO/LAUREN COMPANY, L.P.
Plaintiffs
and
JOHN DOE and JANE DOE and OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, ADVERTISE, OR DEAL IN COUNTERFEIT POLO RALPH LAUREN APPAREL AND THOSE PERSONS LISTED IN APPENDIX A HEREIN
Defendants
REASONS FOR ORDER AND ORDER
[1] In response to an order requesting the names of the parties who have been served with a rolling Anton Piller Order against whom the plaintiffs wish to proceed, counsel has provided an application for default judgment against all but one of the defendants against whom a final order has been granted.
[2] Counsel also requests that this action not be dismissed as it has a current Anton Piller Order under which enforcement activity continues to take place. On the material before me, there are 208 defendants on this file.
[3] With respect to the default judgments, I am prepared to grant them subject to a reduction in the amount of costs claimed. Following the rationale, in Oakley Inc. v. Jane Doe, [2000] F.C.J. No. 1388, except as provided below, costs of execution will be as assessed by the Judge hearing the motion and costs of the default judgment will be assessed at $300.
[4] Judgment will be issued in accordance with these reasons.
[5] With respect to the dismissal of the action, it cannot be dismissed so long as there is a defendant against whom the plaintiffs wish to proceed in a timely manner. In this case, the defendant, Michal Bouganim, has defended, agreed to execute a consent judgment but has not done so. The plaintiffs intend to proceed by application for summary judgment. Proceedings against all other defendants have proceeded to a final order.
[6] There will be an order that the plaintiffs shall bring its summary judgment application within 90 days of the date of this order failing which the claim against Michal Bouganim shall be dismissed without further notice to the plaintiffs.
[7] With respect to further proceedings under the Statement of Claim, the presence of 208 defendants on the same file makes it difficult to track and locate documents relating to specific defendants. It is preferable for claims which go into status review to be wound up and a new Statement of Claim issued. To that end, there will be an order that no defendants will be added to the Statement of Claim unless leave has been granted by the Case Management Judge, such leave to be obtained prior to the execution of the Anton Piller Order.
ORDER
Whereas this matter has been ordered continued as a specially managed proceeding; and
Whereas the claim against Michal Bouganim remains outstanding due to his having filed a Statement of Defence; and
Whereas all other claims have proceeded to a final order;
Now therefore it is hereby ordered that:
| 1- The plaintiffs shall serve and file its application for summary judgment within 90 days of the date of this order. |
| 2- No further defendants may be added to this claim without leave of the Case Management Judge, such leave to be obtained before execution of any order upon the proposed defendant. |
"J.D. Denis Pelletier"
Judge
Court File No. T-2360-90
SCHEDULE "B"
POLO RALPH LAUREN CORPORATION ET AL. V. JOHN DOE et al.
TABLE OF DEFENDANTS
(As at July 31, 2000)
| No. |
Defendant Name |
Date Served with Statement of Claim |
Date of Review Order |
Costs Award on Execution |
Costs Award on Default |
Total Costs Sought on Default |
| 191 |
Ms. Dau Chau aka Lisa Chau |
February 6, 1999 |
February 24, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 192 |
Mr. Yong Si Liu |
February 6, 1999 |
February 24, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 193 |
Ms. Luong Que Vu |
February 6, 1999 |
February 24, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 195 |
Manjeet Kaur |
February 13, 1999 |
February 22, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 196 |
1052148 Ontario Inc. c.o.b. Classic G. Tough |
February 13, 1999 |
February 22, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 197 |
Niyae Sarup Sharda |
February 13, 1999 |
February 22, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 198 |
1025444 Ontario Ltd. c.o.b. Sport Embroidery |
April 25, 1999 |
May 3, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 199 |
Nton Tackie |
April 25, 1999 |
May 3, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 200 |
Nguyen Anh lan |
April 25, 1999 |
May 3, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| No. |
Defendant Name |
Date Served with Statement of Claim |
Date of Review Order |
Costs Award on Execution |
Costs Award on Default |
Total Costs Sought on Default |
| 201 |
Lee Chan |
April 25, 1999 |
May 3, 1999 |
$1,250.00 |
$300.00 |
$1,550.00 |
| 204 |
Hahn Nguyen |
May 14, 2000 |
May 29, 2000 |
$300.00 |
$300.00 |
$600.00 |
| 205 |
Shan Sportswear |
May 14, 2000 |
May 29, 2000 |
$300.00 |
$300.00 |
$600.00 |
| 206 |
Mohammad Fazil |
May 14, 2000 |
May 29, 2000 |
$300.00 |
$300.00 |
$600.00 |
| 207 |
DL & Co Better Clothing |
May 14, 2000 |
May 29, 2000 |
$300.00 |
$300.00 |
$600.00 |
| 208 |
Chandhal Luthra |
May 14, 2000 |
May 29, 2000 |
$300.00 |
$300.00 |
$600.00 |