Microfibres Inc. v. Annabel Canada Inc.

Microfibres Inc. v. Annabel Canada Inc.

The Prothonotary's order must be treated as granting leave to bring a Rule 107 motion; because the Prothonotary acted as case manager under Rule 385 and may act outside the adversarial system, he had the authority to permit a re-examination of an issue previously decided and to set aside the ordinary application of res judicata; consequently the severance motion is not barred by res judicata and is remitted to the Prothonotary for determination on the merits.

Citation
2001 FCT 1032
Parties
Plaintiff/respondent: Microfibres, Inc.; Defendant/applicant: Annabel Canada Inc.; Defendant/applicant: Alfons Derumeaux; Defendant/applicant: Annabel N.V.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 September 2001
Procedural Posture
Copyright Infringement (federal Court) / Motion to Sever Liability and Damages; Remitted to Prothonotary for Decision on Merits
Outcome
Applicants' motion is not barred by res judicata and is remitted to the Prothonotary for a decision on the merits
Legal Topics
Severance of Issues, Res Judicata, Case Management, Rule 107, Rule 385
Source Language
English
Intellectual Property Copyright Civil Procedure Severance of Issues Res Judicata Case Management Rule 107 Rule 385

Case Brief

Summary, issues, holding and outcome

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Parties

Microfibres, Inc.

Plaintiff/respondent

Annabel Canada Inc.

Defendant/applicant

Alfons Derumeaux

Defendant/applicant

Annabel N.V.

Defendant/applicant

Procedural Posture

Copyright Infringement (federal Court) / Motion to Sever Liability and Damages; Remitted to Prothonotary for Decision on Merits

Legal Issues

  1. 1 Whether issues of liability and damages should be severed under Rule 107
  2. 2 Whether the doctrine of res judicata bars the applicants from bringing the severance motion
  3. 3 Whether a Prothonotary acting as case manager under Rule 385 may grant leave to revisit an issue previously decided

Ratio Decidendi

The Prothonotary's order must be treated as granting leave to bring a Rule 107 motion; because the Prothonotary acted as case manager under Rule 385 and may act outside the adversarial system, he had the authority to permit a re-examination of an issue previously decided and to set aside the ordinary application of res judicata; consequently the severance motion is not barred by res judicata and is remitted to the Prothonotary for determination on the merits.

Court Disposition

Applicants' motion is not barred by res judicata and is remitted to the Prothonotary for a decision on the merits

Orders

  • Applicants' motion is not subject to the application of res judicata and the motion is remitted to the Prothonotary for a decision on the merits of the motion.