DOW CHEMICAL CANADA ULC v NOVA CHEMICALS CORPORATION, 2020 ABQB 441
9.14: Further or other order after judgment or order entered
Romaine J. previously ruled in favour of the Plaintiff in this Action to resolve a dispute over a joint venture agreement to build and operate an ethylene production facility. In that ruling, the parties agreed to curtail evidence on damages after the end of 2012, and rely on experts’ calculation of damages. Justice Romaine’s Decision had held that the parties could make further submissions on damages and ancillary issues if they were unable to agree on damages. The parties were unable to agree on damages or the issues to be decided at the hearing on same.
This Decision outlined the issues that the Court would decide at the damages hearing. The Defendant set out several issues in its Memorandum that related to liability rather than damages. Justice Romaine determined that the Court had no jurisdiction to reopen or change the previous decision on liability which did not provide for a reservation on liability issues. Her Ladyship’s Decision became final upon entry of the Judgment Roll subject to Rule 9.14(b). This Rule only allows the Court to make such further Orders as are needed to provide a remedy to which a party is entitled in connection with the Judgment.View CanLII Details