EVANS v THE SPORTS CORPORATION, 2011 ABQB 478

GRAESSER J

9.12: Correcting mistakes or errors
9.13: Re-opening case
9.14: Further or other order after judgment or order entered

Case Summary

The Application was to settle terms of the previous Trial Judgment: Evans v The Sports Corporation, 2011 ABQB 244. In the Trial Judgment, the Court reserved the right to correct any mathematical or calculation errors in the damage assessment. However, the Court made changes other than just the correction of mathematical or calculation errors. The Court held that it had previously interpreted the contract incorrectly, the damages assessment was overly simplistic and the damages should have been confined to a two year period. The Court held that the new Rules significantly expanded the Court’s authority to amend Judgments and Orders, and Rule 9.13 gives the Court an extremely broad authority to do what is correct in the circumstances. The Court amended its damages analysis accordingly.

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