Canadian Copyright Licensing Agency (Access Copyright) v. Three Cent Copy Centre Ltd.

Canadian Copyright Licensing Agency (Access Copyright) v. Three Cent Copy Centre Ltd.

Defendants failed to meet the conjunctive three-part test for setting aside a default judgment: they offered no reasonable explanation for failing to file a defence despite notice and retained counsel, provided no evidence of a prima facie defence, and actively misrepresented the corporate name; accordingly the motion to set aside and to prevent enforcement was dismissed and principals remain personally liable.

Citation
2012 FC 866
Parties
Plaintiff: The Canadian Copyright Licensing Agency (Access Copyright); Defendant: Three Cent Copy Centre Ltd.; Defendants (principals): An Le and Ahn Ly
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 July 2012
Procedural Posture
Copyright Infringement / Motion to Set Aside Default Judgment and to Restrain Enforcement / Setting Aside Writ of Execution
Outcome
Motions dismissed; default judgment remains enforceable against the defendants including principals An Le and Ahn Ly.
Legal Topics
Default Judgment, Setting Aside Judgment, Personal Liability of Principals, Service and Corporate Misnaming, Writ of Execution, Costs
Source Language
English
Copyright Civil Procedure Equity Default Judgment Setting Aside Judgment Personal Liability of Principals Service and Corporate Misnaming Writ of Execution +1 more

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Parties

The Canadian Copyright Licensing Agency (Access Copyright)

Plaintiff

Three Cent Copy Centre Ltd.

Defendant

An Le and Ahn Ly

Defendants (principals)

Procedural Posture

Copyright Infringement / Motion to Set Aside Default Judgment and to Restrain Enforcement / Setting Aside Writ of Execution

Legal Issues

  1. 1 Whether the default judgment should be set aside for failure to file a statement of defence
  2. 2 Whether the defendants have a reasonable explanation for not filing a statement of defence
  3. 3 Whether the defendants have a prima facie defence on the merits

Ratio Decidendi

Defendants failed to meet the conjunctive three-part test for setting aside a default judgment: they offered no reasonable explanation for failing to file a defence despite notice and retained counsel, provided no evidence of a prima facie defence, and actively misrepresented the corporate name; accordingly the motion to set aside and to prevent enforcement was dismissed and principals remain personally liable.

Court Disposition

Motions dismissed; default judgment remains enforceable against the defendants including principals An Le and Ahn Ly.

Orders

  • Motions dismissed
  • Default judgment to be enforced against the defendants including the principals An Le and Ahn Ly