Date: 19991020
Docket: A-37-98
CORAM: DESJARDINS, J.A.
MCDONALD, J.A.
SEXTON, J.A.
BETWEEN:
WILLIAMS INFORMATION SERVICES CORPORATION,
and WILTEL COMMUNICATIONS (CANADA), INC.
Appellants
(Plaintiffs)
- and -
WILLIAMS TELECOMMUNICATIONS CORP.
Respondent
(Defendant)
Heard at Toronto, Ontario, on Wednesday, October 20, 1999
Judgment Delivered Orally from the Bench at Toronto, Ontario on Wednesday, October 20, 1999
REASONS FOR JUDGMENT BY: DESJARDINS J.A.
Date: 19991020
Docket: A-37-98
CORAM: DESJARDINS, J.A.
MCDONALD, J.A.
SEXTON, J.A.
BETWEEN:
WILLIAMS INFORMATION SERVICES CORPORATION,
and WILTEL COMMUNICATIONS (CANADA), INC.
Appellants
(Plaintiffs)
- and -
WILLIAMS TELECOMMUNICATIONS CORP.
Respondent
(Defendant)
REASONS FOR JUDGMENT
(Delivered Orally from the Bench at
Toronto, Ontario on Wednesday, October 20, 1999)
DESJARDINS J.A.
[1] This is an appeal from a judgment of Madame Justice Reed in which she dismissed a show cause order ordering the respondent to show cause why it should not be found in contempt of court for having failed to honour an undertaking made to the Court on September 10, 19997.
[2] On September 10, 1997, the parties reached the following agreement signed on their behalf by their respective counsel:
| 1. Each party will undertake to the Court to post a notice at its respective trade show booth at the upcoming CBTA Trade Show in Toronto stating as follows: |
| "X is not associated with Y" |
| in such notice X will name the proprietor of the booth at which the notice is displayed, and Y will name the other party: the sign will be at least 2 feed by 1 foot in size and will be displayed in full view with proportionally sized print. |
| 2. The parties undertake the advise their personnel manning their respective booths that they are to refrain from saying anything that adversely effects the reputation of the other. |
[3] As found by the Motions Judge, no undertaking had ever been given to the Court. The Court was told only that a settlement had been reached.
[4] Former Rule 355(1) of the Federal Court Rules, applicable at the time, read:
| Anyone is guilty of contempt of court who disobeys any process or order of the Court or a judge thereof, or who acts in such a way a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the Court. |
[5] Justice Reed concluded:
| I do not see how an agreement between the parties, signed on their behalf by their counsel, that has never been communicated to the Court can be defined as an undertaking given to the Court. Nor can it be seen as an interference with the orderly administration of justice or an impairment of the authority or dignity of the Court. |
[6] We agree with her and have nothing to add.
[7] This appeal will therefore be dismissed with costs.
"Alice Desjardins"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKETS: A-37-98
| STYLE OF CAUSE: WILLIAMS INFORMATION SERVICES CORPORATION, and WILTEL COMMUNICATIONS (CANADA), INC. |
Appellants
(Plaintiffs)
| - and - |
| WILLIAMS TELECOMMUNICATIONS CORP. |
Respondent
(Defendant)
DATE OF HEARING: WEDNESDAY, OCTOBER 20, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DESJARDINS J.A. |
Delivered at Toronto, Ontario
on Wednesday, October 20, 1999
APPEARANCES: Mr. Michael E. Charles
| For the Appellants (Plaintiffs) |
Mr. Neil R. Belmore and
| Mr. Peter W. Choe |
| For the Respondent (Defendant) |
| SOLICITORS OF RECORD: Bereskin & Parr |
| Barristers & Solicitors |
| Box 401, Suite 400 |
| 40 King Street West |
| Toronto, Ontario |
| M5H 3Y2 |
| For the Appellants (Plaintiffs) |
Gowling, Strathy & Henderson
| Barristers & Solicitors |
| Commerce Court West |
| Suite 4900 |
| Toronto, Ontario |
| M5L 1J3 |
| For the Respondent (Defendant) |
FEDERAL COURT OF APPEAL
Date: 19991020
Docket: A-37-98
BETWEEN:
| WILLIAMS INFORMATION SERVICES CORPORATION, and WILTEL COMMUNICATIONS (CANADA), INC. |
Appellants
(Plaintiffs)
| - and - |
| WILLIAMS TELECOMMUNICATIONS CORP. |
Respondent
(Defendant)
| REASONS FOR JUDGMENT |