Arthur D. Little Inc. v. Coopers & Lybrand (Application), [1989] 2 S.C.R. 981

Arthur D. Little Inc. and Arthur D. Little of Canada Ltd. Appellants

v.

Coopers & Lybrand (formerly known as MacDonald, Currie & Co.) Respondent

and

Newman, MacLean & Associates Respondent

indexed as: arthur d. little inc. v. coopers & lybrand (application)

File No.: 20521.

1989: October 13.

Present: Wilson J.

application to vary a judgment

Practice -- Application to vary a judgment -- Settlement as between Arthur D. Little and Newman, MacLean & Associates at the outset of the hearing of the appeal -- Rules of the Supreme Court of Canada, SOR/83‑74, ss. 5, 50(1), (2).

APPLICATION to vary a judgment, 1989 7101 (SCC), [1989] 1 S.C.R. 293.

Application allowed.

//Wilson J.//

WILSON J. -- The judgment of the Court is varied to read as follows:

On consent, the appeal as against Newman, MacLean & Associates is dismissed without costs.

The appeal as against Coopers & Lybrand (formerly known as MacDonald, Currie & Co.) is allowed, the order of the Court of Appeal set aside, and the order of Scollin J. reinstated. Costs to the appellants both here and in the Court of Appeal in the cause.

Judgment accordingly.

Solicitors for the appellants: Monk, Goodwin, Winnipeg.

Solicitors for the respondent Coopers & Lybrand: Aikins, MacAulay & Thorvaldson, Winnipeg.

Solicitors for the respondent Newman, MacLean & Associates: Tallin & Kristjansson, Winnipeg.