Alliance Laundry Systems LLC v. Whirlpool Canada LP

Alliance Laundry Systems LLC v. Whirlpool Canada LP

The motion was dismissed because Whirlpool failed to bring the motion within the 30‑day period and failed to justify or adequately explain the seven‑month delay or meet the criteria for an extension; waiting for an appeal or its discontinuance is not a valid reason to delay; Whirlpool also failed to file supporting affidavit evidence; consequently no extension granted and costs awarded to Alliance per Tariff B, Column III.

Citation
2020 FC 660
Parties
Applicant (t 920 17); Respondent (t 1230 17): WHIRLPOOL CANADA LP; Respondent (t 920 17); Applicant (t 1230 17): ALLIANCE LAUNDRY SYSTEMS LLC; Respondent (t 1230 17): WHIRLPOOL CORPORATION
Court
Federal Court
Jurisdiction
Canada
Judgment Date
2 June 2020
Procedural Posture
Applications (t 920 17; T 1230 17) / Post Judgment Costs Motion
Outcome
Whirlpool Canada LP and Whirlpool Corporation’s motion is dismissed; costs on the motion are granted to Alliance Laundry Systems LLC and assessed in accordance with Column III of Tariff B.
Legal Topics
Extension of Time, Lump Sum Costs, Rule 403(1), Notice of Discontinuance, Stay of Execution
Source Language
English
Civil Procedure Costs and Fees Appeals Extension of Time Lump Sum Costs Rule 403(1) Notice of Discontinuance Stay of Execution

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Parties

WHIRLPOOL CANADA LP

Applicant (t 920 17); Respondent (t 1230 17)

ALLIANCE LAUNDRY SYSTEMS LLC

Respondent (t 920 17); Applicant (t 1230 17)

WHIRLPOOL CORPORATION

Respondent (t 1230 17)

Procedural Posture

Applications (t 920 17; T 1230 17) / Post Judgment Costs Motion

Legal Issues

  1. 1 Whether Whirlpool’s motion for directions under Rule 403(1) was filed within the 30-day limit
  2. 2 Whether the Court should extend the time to bring the motion
  3. 3 Whether a lump sum costs award and 50% of fees/disbursements is appropriate

Ratio Decidendi

The motion was dismissed because Whirlpool failed to bring the motion within the 30‑day period and failed to justify or adequately explain the seven‑month delay or meet the criteria for an extension; waiting for an appeal or its discontinuance is not a valid reason to delay; Whirlpool also failed to file supporting affidavit evidence; consequently no extension granted and costs awarded to Alliance per Tariff B, Column III.

Court Disposition

Whirlpool Canada LP and Whirlpool Corporation’s motion is dismissed; costs on the motion are granted to Alliance Laundry Systems LLC and assessed in accordance with Column III of Tariff B.

Orders

  • Motion dismissed
  • Costs on this motion assessed in accordance with Column III of Tariff B granted in favour of Alliance Laundry Systems LLC