Date: 20020305
Docket: T-1057-99
Neutral Citation: 2002 FCT 246
Ottawa, Ontario, this 5th day of March 2002
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
TIME WARNER ENTERTAINMENT COMPANY, L.P.
and WARNER COMMUNICATIONS INC.,
carrying on business in partnership as DC COMICS
Plaintiffs
- and -
JANE DOE and JOHN DOE and PERSONS, NAMES UNKNOWN,
WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, PRODUCE,
PRINT, DISTRIBUTE, ADVERTISE, DISPLAY, STORE, SHIP OR DEAL IN UNAUTHORIZED OR COUNTERFEIT BATMAN CHARACTER MERCHANDISE AND THOSE PERSONS WHEN LISTED IN SCHEDULE "A"
Defendants
REASONS FOR ORDER AND ORDER
[1] WHEREAS the Plaintiff has moved for the inclusion of Hing Loong Trading Company on the Active List on the ground that the Plaintiff requested that it be included and the Court inadvertently failed to include it on the Active List;
[2] WHEREAS Rule 397 (1) of the Federal Court Rules, 1998, SOR/98-106, requires that a motion to reconsider an order on the ground that a matter which should have been dealt with has been overlooked or accidentally omitted must be brought within 10 days of the making of order; and
[3] WHEREAS the 10 days contemplated by Rule 397 (1) elapsed on October 6, 2001.
NOW THEREFORE IT IS HEREBY ORDERED THAT the motion is dismissed.
"J.D. Denis Pelletier"
Judge