PRACTICE |
Judgments and Orders |
Reversal or Variation |
Volkswagen Canada Inc. v. Access International Automotive Ltd.
T-319-98
2004 FC 202, Hugessen J.
6/2/04
5 pp.
Motion under Federal Court Rules, 1998, r. 399(2), seeking variance of consent order--Plaintiff seeking to be excused from actually listing certain documents in supplemental affidavit of documents mentioned in consent order--R. 399 exceptional rule--Judgments must be respected and cannot lightly be set aside--Plaintiff not meeting conditions established by r. 399--Plaintiff must show in some way consent to order vitiated by fraud, mistake, grounds upon which contract can be set aside--No showing of that sort made, attempted--Plaintiff merely withdrawing part of claim --To come within rule, new matter must be shown to be something changing result--In case of consent order, that means, both parties would not have given consent--Improper to set aside part only of bargain plaintiff does not now like and leave rest in place--Further, argument documents ordered to be listed no longer relevant not accepted--Motion dismissed --Federal Court Rules, 1998, SOR/98-106, r. 399.