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  T-363-96

 

 

 

B E T W E E N:

 

 

 

  SOCIETY OF COMPOSERS, AUTHORS AND

  MUSIC PUBLISHERS OF CANADA

 

  Plaintiff

 

 

 

 

  - and -

 

 

 

 

 

  1041977 ONTARIO INC., carrying on business as CLUB ENERGY,

  DAVID BODANIS, ANTHONY GROSSI, JOHN DOE  and JANE DOE

 

  Defendants

 

 

 

 

 

  REASONS FOR ORDER

 

GILES, A.S.P.:

 

  In the motion before me, judgment was sought against David Bodanis who had not filed a defence although served with the amended statement of claim.

 

  It was unclear whether Anthony Grossi had been included as a defendant in the defence filed.  If he had not, judgment should go against him in default of defence.  If Anthony Grossi was included as a defendant the same orders applied to him as applied to the defendant limited company.  Several paragraphs were struck from that defence which was otherwise allowed to remain only on  the undertaking of counsel to supply particulars.  At that time it was ordered that the defendant pay costs in the amount of $700.00 and forthwith and before taking a further step.

 

  Subsequently, leave was granted to file an amended claim.  At that time it was provided that a defence to the amended statement of claim be filed within 30 days and that it should incorporate the particulars undertaken to be supplied.  The requirement to pay costs of $700.00 before taking a further step was continued against the defendants.

 

  Nothing has been done by the defendants and the solicitor for the corporate defendant has removed himself from the record.  It is apparent at this stage that the rump of the statement of defence should be struck.  That having been done judgment should be signed in default of defence.  The total lack of cooperation by the defendants has complicated the sittings in this matter unduly and I think it reasonable to order double costs on a party and party basis.

 

 

 

    "Peter A.K. Giles"   

  A.S.P.

 

 

Toronto, Ontario

June 16, 1997


  FEDERAL COURT OF CANADA

 

  Names of Counsel and Solicitors of Record

 

 

COURT NO:  T-363-96

 

STYLE OF CAUSE:  SOCIETY OF COMPOSERS,

  AUTHORS AND MUSIC

  PUBLISHERS OF CANADA

 

 

  - and -

 

 

  1041977 ONTARIO INC., carrying

  on business as CLUB ENERGY,

  DAVID BODANIS, ANTHONY GROSSI,

  JOHN DOE  and JANE DOE

 

 

 

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.

 

 

REASONS FOR ORDER BY:  GILES, A.S.P.

 

 

DATED:  JUNE 16, 1997

 

 

SOLICITORS OF RECORD:

 

 

  Mr. Mark F. Walker

  SOCIETY OF COMPOSERS, AUTHORS

  AND MUSIC PUBLISHERS OF CANADA

  41 Valleybrook Drive

  Don Mills, Ontario

  M3B 2S6

 

  Assistant Legal Counsel

  for the Plaintiff

 

  Mr. John Paul Evans

  Barrister & Solicitor

  926 The East Mall

  Etobicoke, Ontario

  M9B 6K1

 

  Solicitor for the Defendants

  1041977 ONTARIO INC.

  and ANTHONY GROSSI

 

  Mr. David Bodanis

  11 King George's Drive

  Toronto, Ontario

  M6M 2H1

 

  Solicitor for the Defendants


  FEDERAL COURT OF CANADA

 

 

 

  Court File No.  T-363-96

 

 

 

  Between:

 

 

 

  SOCIETY OF COMPOSERS, AUTHORS

  AND MUSIC PUBLISHERS OF CANADA

 

  Plaintiff

 

 

  - and -

 

 

 

  1041977 ONTARIO INC., carrying

  on business as CLUB ENERGY,

  DAVID BODANIS, ANTHONY GROSSI,

  JOHN DOE  and JANE DOE

 

  Defendants

 

 

 

 

 

 

  REASONS FOR ORDER

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