Date: 20000518
Docket: T-1372-99
BETWEEN:
MICROSOFT CORPORATION
Plaintiff
-and-
SALIM REHMAN and NELS M. SHAW
carrying on business as CRYSTAL COMPUTERS
Defendants
REASONS FOR ORDER AND ORDER
GILES ASP.
[1] The Statement of Claim herein was filed in July 1999. On September 7th, 1999, Plaintiff"s counsel sent a letter advising that settlement had been reached, whereby one of the Defendants was to make a number of payments over a number of months and the Plaintiff would move for a consent judgment for an injunction after the final payment was made on February 1st , 2000.
[2] On March 27th, 2000, nothing further appeared on this file and a Notice of Status Review was sent out.
[3] No reason has been given why the consent judgment for an injunction could not have been moved for in September, 1999, together with a judgment for the agreed payments. In that way, a status review could have been avoided. I am now faced with either dismissing this action or ordering the proceeding specially managed and engaging a case management team for a matter which could have been dealt with 6 months ago.
[4] I question why it was necessary to delay pending receipt of the payments. Where a compromise has been reached which calls for payments and there is no provision in the agreement for judgment for the payments, it is questionable whether any judgment with regard to payment could be made in this action, rather than in an action on the settlement contract.
[5] I am not aware of a reported decision with regard to a situation such as that found in this action. Because of its apparent novelty, I am satisfied it will be unjust to dismiss for the deliberate delay. Therefore, I will order special management.
ORDER
[6] This proceeding continue as a specially managed proceeding;
[7] It is further ordered that any motion for judgment is to be brought within 30 days of the date of this order.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
May 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: MICROSOFT CORPORATION |
-and-
SALIM REHMAN and NELS M. SHAW
| Carrying on business as CRYSTAL COMPUTERS |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
| DATED: THURSDAY, MAY 18, 2000 |
WRITTEN SUBMISSIONS BY: Nadine M.. Letson
For the Plaintiff
Brian I. Taran
For the Defendant
SOLICITORS OF RECORD: Osler, Hoskin & Harcourt
Barristers & Solicitors
1 First Canadian Place, P.O. Box 50
Toronto, Ontario
M5X 1B8
For the Plaintiff
Brian I. Taran
Solicitor & Barrister
838 Mt. Pleasant Road
Toronto, Ontario
M4P 2L3
For the Defendant
FEDERAL COURT OF CANADA
Date: 20000518
Docket: T-1372-99
Between:
MICROSOFT CORPORATION
SALIM REHMAN and NELS M. SHAW
| Carrying on business as CRYSTAL COMPUTERS |
AND ORDER
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