PRACTICE |
Costs |
Létourneau v. Clearbrook Iron Works Ltd.
T-1864-00
2004 FC 1626, Hargrave P.
19/11/04
4 pp.
Each party filing motions dealing with discoveries-- Divided success on motions--Parties filing submissions as to costs on motions--Mathematical tally of points won, lost on motion not determinative in assessing success--Before amendment of Federal Court Rules, 1998, costs on interlocutory motions to be costs in cause, regardless of success of motion--Based on principle awarding of costs on interlocutory motion premature--After 1998 amendments under new Rule 401(1), courts having discretion to award costs on interlocutory motions to either party, regardless of outcome of main action--AIC Ltd. v. Infinity Investment Counsel Ltd. (1998), 148 F.T.R. 240 (F.C.T.D.) decided after 1998 amendments--Determining, based on trend in Ontario cases to award interlocutory costs as payable forthwith to expedite litigation, focus minds of litigants on costs of litigation--Costs in the cause may be awarded so long as discretion properly exercised--Prothonotary awarding costs in the cause in present case to focus minds of litigants on potential costs of litigation--Federal Court Rules, 1998, SOR/98-106, s. 401.