US Billiards v. Howie Carr Amusements, (1984) 2 O.A.C. 364 (DC)

Judge:Steele, Eberle and Sirois, JJ.
Court:Superior Court of Justice of Ontario
Case Date:December 19, 1983
Jurisdiction:Ontario
Citations:(1984), 2 O.A.C. 364 (DC)
 
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US Billiards v. Howie Carr Amusements (1984), 2 O.A.C. 364 (DC)

MLB headnote and full text

U.S. Billiards Inc. v. Howie Carr Amusements Ltd. and Vertlieb

Indexed As: U.S. Billiards Inc. v. Howie Carr Amusements Ltd. and Vertlieb

Ontario Divisional Court

Steele, Eberle and Sirois, JJ.

February 10, 1984.

Summary:

An action for money was commenced by a generally-endorsed writ of summons. The parties, who were sui juris, settled the action in the plaintiff's favour before the issue of the statement of claim.

The Ontario High Court, in a decision unreported in this series of reports, refused to sign a consent judgment in the absence of a statement of claim. The plaintiff appealed.

The Ontario Divisional Court allowed the appeal and granted consent judgment for the plaintiff.

Practice - Topic 5502

Judgments and orders - Consent judgments - Conditions precedent - Statement of claim - An action for money was commenced by a generally-endorsed writ of summons - The action was settled before issue of the statement of claim - The parties asked the court to sign judgment for the plaintiff, as agreed in signed consents by both parties - The Ontario Divisional Court held that a statement of claim was not a condition precedent to the judgment, because the court was not "approving a settlement".

Counsel:

S. Cory, for the appellant;

No one appearing for the respondent.

This appeal was heard before Steele, Eberle and Sirois, JJ., of the Ontario Divisional Court, on December 19, 1983. The decision of the Divisional Court was delivered orally by Eberle, J., and released on February 10, 1984.

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