Date: 20011116
Docket: T-1447-97
Neutral citation: 2001 FCT 1265
BETWEEN:
NFL ENTERPRISES L.P.
Plaintiff
- and -
BRIDGEWATER COUNTRY CLUB a trading style of
BRIDGEWATER COUNTRY CLUB LTD.
1019535 ONTARIO LTD. a trading style of CLUB RAGE RESTAURANT
ROMBY'S RESTAURANT a trading style of 646125 ONTARIO LIMITED
BIG LOUIE'S TAVERN a trading style of ANTHONY PAPALIA
EDWARD TREVOR HARRIS
ROCCO ANTONIO D'AMELIO, CARM GRISAFI
THE ROCK IT ROOM a trading style of 1238932 ONTARIO LIMITED
BRIAN KESSEL and ANDREW MILLAR
Defendants
REASONS FOR ORDER
HUGESSEN J.
[1] This is a consent motion for judgment.
[2] In the Draft Order submitted the last sentence of Paragraph 6 reads as follows:
This Court orders that the Land Registrar for the Land Registry Office for the Land Titles Division of Niagara South (No. 59) accept this Order for registration against the title to the lands described in this paragraph 6.
[3] Notwithstanding counsel's submission to the contrary, I am not persuaded that s. 56 of the Federal Court Act provides the necessary statutory grant of jurisdiction to allow this Court to give an Order of this sort to a provincial official. If that official considers the Order to be in form and content proper for registration under the applicable provincial rules he will no doubt accept it for registration. If, on the other hand, he is of the opposite view this Court does not have the authority (or even the technical expertise) to order him to do so.
[4] I have accordingly deleted the sentence in question.
Judge
Ottawa, Ontario
November 16, 2001
Email this Content