PRACTICE |
Costs |
Carter-Wallace Inc. v. Wampole Canada Inc.
T-272-99
2003 FC 1166, Snider J.
8/10/03
7 pp.
Motion arises from Carter-Wallace Inc.'s (applicant) unsuccessful appeal of decision by Registrar of Trade-marks refusing to expunge trade-mark registration of Wampole Canada Inc. (respondent)--By order dated June 20, 2000, Trial Judge dismissed application of applicant with respondent's "costs to be taxed"--Respondent subsequently submitted request of assessment of its bill of costs, including as alternative, that its costs be paid by counsel for applicant, MacBeth & Johnson--Respondent later withdrew request costs be paid by MacBeth & Johnson--In decision dated August 19, 2003, Assessment Officer awarded $2,070 in costs to respondent but denied claim of MacBeth & Johnson to $8,225 for defending request for costs--MacBeth & Johnson has brought present motion, pursuant to Federal Court Rules, 1998, r. 414, for review of assessment in so far as its claim for $8,225 denied--R. 400(1) provides Court with full discretionary power over amount and allocation of costs and determination of by whom they are to be paid--Accordingly, fully open to Trial Judge to determine costs were to be payable by someone other than parties named in proceeding, but did not do so in order of June 20th--Accordingly, no basis upon which respondent could seek costs against anyone other than applicant, original party to proceeding--Review of r. 405 and following clearly indicates scheme whereby those parties required to pay costs and those entitled to receive costs engage Assessment Officer in mechanics of assessing bill of costs-- Merely being named by respondent in original bill of costs does not change or expand restricted role of Assessment Officer--Lack of jurisdiction basis of submission of MacBeth & Johnson made in response to request for assessment once law firm named--Also appears respondent, in withdrawing claim for costs against MacBeth & Johnson, recognized this lack of jurisdiction--Motion denied for simple reason MacBeth & Johnson could not be "party" for purposes of r. 408(3) and could not receive any award of costs from Assessment Officer--Federal Court Rules, 1998, SOR/98- 106, rr. 400(1), 405, 408(3), 414.