Diageo Canada Inc. v. Heaven Hill Distilleries, Inc., 2017 FC 738
Justice Boswell - 2017-07-28
Read full decision. Automatically generated summary:
The Defendant/Plaintiff by Counterclaim, Heaven Hill Distilleries, Inc. [Heaven Hill], has made a motion in writing under Rules 369 and 397 of the Federal Courts Rules, SOR/98-106, as amended, for an Order that the Court reconsider the terms of the June 12, 2017 Judgment issued in this proceeding (citation 2017 FC 571) relating to the issue of costs as between Heaven Hill and the Plaintiff (Defendant by Counterclaim), Diageo Canada Inc. [Diageo], so that the parties be permitted to make written submissions as to costs, and for an Order amending the Judgment to remove paragraphs 3 and 5(d) of the Judgment so as to align the Judgment with paragraph 99 of the Reasons for the Judgment. This Judgment was amended by an Amended Judgment dated June 27, 2017 (citation 2017 FC 624) [the Amended Judgment and, together with the Judgment, the Judgment], to clarify that the Judgment not be unintentionally interpreted in a manner requiring the Defendant/Plaintiff by Counterclaim, Diamond Estates Wines & Spirits Ltd. [Diamond Estates], to participate in any appeal or motion by Heaven Hills in order to take the benefit of a resultant decision.
Decision relates to:
- T-740-14 - DIAGEO CANADA INC v. HEAVEN HILL DISTILLERIES INC ET AL