PRACTICE |
Judgments and Orders |
Reversal or Variation |
Dupont Canada Inc. v. Canada
A-527-99
2002 FCA 464, Richard C.J.
22/11/02
3 pp.
Motion for order amending judgment of Court of Appeal to include costs in Tax Court--Appellant bringing motion to vary order and award costs in Tax Court of Canada as well as Federal Court of Appeal (F.C.A.)--Appellant relying on Federal Court Rules, 1998, r. 399(2)(a)--R. 399(2)(a) permitting variation of order by reason of new matter discovered after making order--Discovery of unreported decision supporting argument not new matter within meaning of r. 399(2)(a)--In F.C.A., costs discretionary, although costs of appeal or application for judicial review normally awarded to successful party--However, no practice in F.C.A. to automatically award costs in lower courts--Motion dismissed --Federal Court Rules, 1998, SOR/98-106, r. 399.