Paper Machinery Ltd. et Al. v. J.O. Ross Engineering Corp. et Al.

Paper Machinery Ltd. et Al. v. J.O. Ross Engineering Corp. et Al.

The application to amend the Court's judgment was dismissed because the Court has no power to amend a judgment once drawn up and entered except for a slip or an error expressing the court's manifest intention, and the present application did not demonstrate either exception; the minutes as settled accorded with the judgment.

Citation
[1934] SCR 186
Parties
Defendant/appellant: Paper Machinery Limited; Defendant/appellant: Gustaf Hellstrom; Plaintiff/respondent: J. O. Ross Engineering Corporation; Plaintiff/respondent: Ross Engineering of Canada, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1934
Procedural Posture
Appeal / Motion to Amend Judgment After Judgment Drawn and Entered (application for Re Hearing)
Outcome
Motion dismissed with costs.
Legal Topics
Amendment of Judgment, Re Hearing, Leave to Amend Pleadings, Costs, Jurisdiction to Amend Judgments, Public Interest in Patent Validity
Source Language
English
Patent Law Civil Procedure Appeal Practice and Procedure Amendment of Judgment Re Hearing Leave to Amend Pleadings Costs +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

Paper Machinery Limited

Defendant/appellant

Gustaf Hellstrom

Defendant/appellant

J. O. Ross Engineering Corporation

Plaintiff/respondent

Ross Engineering of Canada, Limited

Plaintiff/respondent

Procedural Posture

Appeal / Motion to Amend Judgment After Judgment Drawn and Entered (application for Re Hearing)

Legal Issues

  1. 1 Whether the Court has power to amend a judgment after it has been drawn up and entered
  2. 2 Whether the reasons and formal judgment failed to provide customary terms of order in patent cases (Baird v. Moule)
  3. 3 Whether the costs allocation of the appeal was incorrect having regard to counsel's statement about not adducing further evidence

Ratio Decidendi

The application to amend the Court's judgment was dismissed because the Court has no power to amend a judgment once drawn up and entered except for a slip or an error expressing the court's manifest intention, and the present application did not demonstrate either exception; the minutes as settled accorded with the judgment.

Court Disposition

Motion dismissed with costs.

Orders

  • Application for re-hearing (motion to amend judgment) dismissed with costs.