PRACTICE |
Judgments and Orders |
Consent Judgment |
Time Warner Entertainment Co., L.P. v. Persons, Names Unknown
T-1057-99
2002 FCT 394, Pelletier J.
9/4/02
3 pp.
Motion for judgment on consent against defendant Sheldon R. Rotman--By terms of Minutes of Settlement defendant agreed to pay plaintiffs $35,000 but if pays $7,500 upon execution of Minutes of Settlement, plaintiffs will waive payment of balance--If fails to comply with any of terms of Minutes of Settlement, plaintiffs "shall be at liberty to obtain judgment in accordance with Minutes of Settlement for $35,000 less amount of any payment received, on account"-- Form of consent order before Court containing same provisions--Only one final order will issue on claim: Carpenter Fishing Corp. v. Canada, [1998] 2 F.C. 548 (C.A.) --Rationale: upon judgment being issued, underlying cause of action merging in judgment and will not support any further adjudication by Court except in terms of judgment issued, regardless of whether judgment issued after adjudication or upon consent--Plaintiffs cannot obtain final judgment in which reserve right to apply for further judgment in event of non-compliance with terms of judgment--If plaintiffs take out judgment, limited to enforcing terms of judgment--If stand on Minutes of Settlement, can sue on settlement in event of non-compliance--Judgment must be faithful to terms of defendant's consent--Motion dismissed with leave to reapply.