Indian Manufacturing Ltd. v. Lo
A-288-96
Stone J.A.
24/6/97
5 pp.
Practice-Appeal from Trial Division order ([1996] 2 F.C. 647) setting aside previous order, including Anton Piller order, granted to appellants on June 5, 1995 by other Trial Division judge in respect of trade mark infringement-Appeal allowed-Motions Judge did not have jurisdiction to set aside order-No motion to set aside order before Motions Judge when made decision-Order to have effect until June 3, 1996-While court making ex parte order possessing inherent jurisdiction to set it aside, jurisdiction must be properly invoked if to be exercised by Court-As jurisdiction to set aside order of June 5, 1995 not invoked, Motions Judge without jurisdiction to do so-Furthermore, authorities clear save in exceptional circumstances, ex parte order to be reviewed, varied or rescinded by judge who made it.