PRACTICE |
Costs |
Early Recovered Resources Inc. v. Gulf Log Salvage Co-operative Assn.
T-588-00
2001 FCT 1212, Stinson A.O.
6/11/01
15 pp.
Plaintiff discontinued against defendant Gulf Log Co-operative Association--Gulf Log presenting its bill of costs under r. 402, including double costs under r. 420(2)(b)--At issue constitutionality of Part 9 of B.C. Forest Act, plaintiff arguing log salvage provisions under Forest Act ultra vires province of B.C. by reason of federal government's exclusive jurisdiction over navigation and shipping under Constitution Act, 1867, s. 91(10) and by virtue of Constitution Act, 1867, s. 52; in alternative provincial legislation said to be inoperative to extent it conflicts with Canada Shipping Act and with International Convention on Salvage of 1989--Decision--Both sides agreeing public interest factor herein, but with opposite effect: plaintiff urging generally reduced costs because of its initiative in creating this constitutional test, Gulf Log urging generally increased costs because salvors other than plaintiff satisfied with current system--Gulf Log's interest including apprehension that, as creature of provincial regulation, it would cease to exist if plaintiff successful--Gulf Log should benefit here from public interest as factor, although regional in nature--Gulf Log's position on suitability of simplified procedure reasonable--Order accordingly--As Gulf Log's offer reasonable function of its position in its statement of defence, double costs allowed as presented--Bill of costs, presented at $22,931.24, assessed and allowed at $20,559.55--Federal Court Rules, 1998, SOR/98-106, rr. 402, 420(2)(b)--Forest Act, R.S.B.C. 1996, c. 157--Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act, 1982, 1982, c. 11 (U.K.), Schedule to the Constitution Act, 1982, Item 1) [R.S.C., 1985, Appendix II, No. 5], ss. 52, 91(10)--Canada Shipping Act, R.S.C., 1985, c. S-9.