NFL Enterprises LP v. Bridgewater Country Club
Court headnote
NFL Enterprises LP v. Bridgewater Country Club Court (s) Database Federal Court Decisions Date 2001-11-16 Neutral citation 2001 FCT 1265 File numbers T-1447-97 Decision Content Date: 20011116 Docket: T-1447-97 Neutral citation: 2001 FCT 1265 BETWEEN: NFL ENTERPRISES L.P. Plaintiff - and - BRIDGEWATER COUNTRY CLUB a trading style of BRIDGEWATER COUNTRY CLUB LTD. 1019535 ONTARIO LTD. a trading style of CLUB RAGE RESTAURANT ROMBY'S RESTAURANT a trading style of 646125 ONTARIO LIMITED BIG LOUIE'S TAVERN a trading style of ANTHONY PAPALIA EDWARD TREVOR HARRIS ROCCO ANTONIO D'AMELIO, CARM GRISAFI THE ROCK IT ROOM a trading style of 1238932 ONTARIO LIMITED BRIAN KESSEL and ANDREW MILLAR Defendants REASONS FOR ORDER HUGESSEN J. [1] This is a consent motion for judgment. [2] In the Draft Order submitted the last sentence of Paragraph 6 reads as follows: This Court orders that the Land Registrar for the Land Registry Office for the Land Titles Division of Niagara South (No. 59) accept this Order for registration against the title to the lands described in this paragraph 6. [3] Notwithstanding counsel's submission to the contrary, I am not persuaded that s. 56 of the Federal Court Act provides the necessary statutory grant of jurisdiction to allow this Court to give an Order of this sort to a provincial official. If that official considers the Order to be in form and content proper for registration under the applicable provincial rules he will no doubt accept it for registration. If, on…
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NFL Enterprises LP v. Bridgewater Country Club Court (s) Database Federal Court Decisions Date 2001-11-16 Neutral citation 2001 FCT 1265 File numbers T-1447-97 Decision Content Date: 20011116 Docket: T-1447-97 Neutral citation: 2001 FCT 1265 BETWEEN: NFL ENTERPRISES L.P. Plaintiff - and - BRIDGEWATER COUNTRY CLUB a trading style of BRIDGEWATER COUNTRY CLUB LTD. 1019535 ONTARIO LTD. a trading style of CLUB RAGE RESTAURANT ROMBY'S RESTAURANT a trading style of 646125 ONTARIO LIMITED BIG LOUIE'S TAVERN a trading style of ANTHONY PAPALIA EDWARD TREVOR HARRIS ROCCO ANTONIO D'AMELIO, CARM GRISAFI THE ROCK IT ROOM a trading style of 1238932 ONTARIO LIMITED BRIAN KESSEL and ANDREW MILLAR Defendants REASONS FOR ORDER HUGESSEN J. [1] This is a consent motion for judgment. [2] In the Draft Order submitted the last sentence of Paragraph 6 reads as follows: This Court orders that the Land Registrar for the Land Registry Office for the Land Titles Division of Niagara South (No. 59) accept this Order for registration against the title to the lands described in this paragraph 6. [3] Notwithstanding counsel's submission to the contrary, I am not persuaded that s. 56 of the Federal Court Act provides the necessary statutory grant of jurisdiction to allow this Court to give an Order of this sort to a provincial official. If that official considers the Order to be in form and content proper for registration under the applicable provincial rules he will no doubt accept it for registration. If, on the other hand, he is of the opposite view this Court does not have the authority (or even the technical expertise) to order him to do so. [4] I have accordingly deleted the sentence in question. Judge Ottawa, Ontario November 16, 2001
Source: decisions.fct-cf.gc.ca