PRACTICE |
Costs |
Almecon Industries Ltd. v. Anchortek Ltd.
T-992-92
2003 FCT 127, O'Reilly J.
5/2/03
5 pp.
Defendants seeking to set aside certificate of assessment-- Assessment officer denied defendants' request to delay assessment of costs until after final determination of appeals pending in present matter--Plaintiff successful in patent infringement action--Defendants argued assessment of costs premature--Appeals of decisions on merits, costs will be heard within days of present motion--Defendants argued just, expeditious and inexpensive approach to matter of costs requires assessment take place after disposition of appeals-- Not citing any case law supportive of proposition cost assessment should await determination of pending appeals--In Dableh v. Ontario Hydro (1994), 84 F.T.R. 102 (F.C.T.D.), Court held grounds for stay not present, even though plaintiff at risk of personal bankruptcy--In present matter, plaintiff neither seeking stay nor arguing ground for issuing stay not present--No reason to conclude assessment officer erred in dismissing request to have cost assessment delayed until determination of appeals--Trial Judge acknowledged consideration of Federal Court Rules, 1998, r. 420, may necessitate adjustment of costs--R. 420 permitting doubling of costs where plaintiff obtaining judgment as favourable as terms of settlement offer--Can apply only when damages known--Matter of damages herein outstanding-- Defendants submitting costs can only be assessed with certainty after calculation of damages--R. 420 not requiring complete recalculation of costs--May simply cause previous calculation to be increased by mathematical factor--Existence of r. 420 does not stand in way of timely assessment of costs--Further, identification of single factor that might later affect quantum of costs implying Trial judge saw no impediment to immediate assessment of costs in accordance with directions--No reason why assessment of costs cannot proceed--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 420.