Arthur D. Little Inc. v. Coopers & Lybrand (Application), [1989] 2 S.C.R. 981
Arthur D. Little Inc. and
Arthur D. Little of Canada Ltd. Appellants
v.
Coopers & Lybrand (formerly known
as MacDonald, Currie & Co.) Respondent
and
Newman, MacLean & Associates Respondent
indexed as: arthur d. little inc. v. coopers & lybrand (application)
File No.: 20521.
1989: October 13.
Present: Wilson J.
application to vary a judgment
Practice -- Application to vary a judgment -- Settlement as between Arthur D. Little and Newman, MacLean & Associates at the outset of the hearing of the appeal -- Rules of the Supreme Court of Canada, SOR/83‑74, ss. 5, 50(1), (2).
APPLICATION to vary a judgment, [1989] 1 S.C.R. 293.
Application allowed.
//Wilson J.//
WILSON J. -- The judgment of the Court is varied to read as follows:
On consent, the appeal as against Newman, MacLean & Associates is dismissed without costs.
The appeal as against Coopers & Lybrand (formerly known as MacDonald, Currie & Co.) is allowed, the order of the Court of Appeal set aside, and the order of Scollin J. reinstated. Costs to the appellants both here and in the Court of Appeal in the cause.
Judgment accordingly.
Solicitors for the appellants: Monk, Goodwin, Winnipeg.
Solicitors for the respondent Coopers & Lybrand: Aikins, MacAulay & Thorvaldson, Winnipeg.
Solicitors for the respondent Newman, MacLean & Associates: Tallin & Kristjansson, Winnipeg.
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