Nintendo of America Inc. v. Doe, 2001 FCT 417, 2001 FCT 418

Date: 20010501

Docket: T-823-99

Neutral Citation: 2001 FCT 418

Ottawa, Ontario, this 1^st day of May 2001

PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER

BETWEEN:

NINTENDO OF AMERICA INC. and

NINTENDO OF CANADA LTD.

Plaintiffs

and

JANE DOE and JOHN DOE and OTHER PERSONS,

NAMES UNKNOWN, WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, DISTRIBUTE, ADVERTISE, OR DEAL IN UNAUTHORIZED OR COUNTERFEIT POKÉMON MERCHANDISE, AND THOSE PERSONS LISTED IN SCHEDULE "A" TO THE STATEMENT OF CLAIM

Defendants

REASONS FOR ORDER AND ORDER

PELLETIER J.

[1]    On July 10, 1999, Georgina Starkman Danzig attended at 1910 Danforth Avenue, Toronto, which is the location of a business known as Wear 2000. In the premises were the defendants Isa Askarizadeh and Ines Alvis. Ms. Danzig served each of these individuals in their own capacity and then served Mr. Askarizadeh again in his capacity as representative of Wear 2000. The documents served included the Anton Piller Order on this file and the Statement of Claim. No defence has been filed with respect to the Statement of Claim.

[2]    Default judgment is now sought with respect to Isa Askarizadeh and Isa Askarizadeh carrying on business as Wear 2000. A corporate search discloses that Wear 2000 is a business name which is registered to Mr. Askarizadeh.

[3]    Since the business carried on as Wear 2000 is carried on by Mr. Askarizadeh, the plaintiffs are entitled to judgment against him. It adds nothing to then grant another judgment against Isa Askarizadeh carrying on business as Wear 2000.

[4]    Since only one business is being carried on, there is only one liability for damages for $6,000, which liability is joint and several among those carrying on the business. Mr. Askarizadeh cannot be jointly and severally liable with himself.

[5]                I have already granted judgment against Isa Askarizadeh in his capacity as defendant No. 65. The application for judgment against Isa Askarizadeh carrying on business as Wear 2000 is therefore dismissed.

ORDER

The motion for default judgment against defendant No. 66, Isa Askarizadeh, operating as Wear 2000, is hereby dismissed.

                                                                            "J.D. Denis Pelletier"         

                                                                                                   Judge