Singer v. Enterprise Rent-A-Car Co.
A-345-98
McDonald J.A.
10/9/99
3 pp.
Appeal from costs award by F.C.T.D. granting costs to respondents in interlocutory injunction application-Award rendered after change in Federal Court Rules-New Rules applicable herein as no specific award as to costs of interlocutory motions made until decision of McKeown J.-New r. 401(1) giving discretion to Trial Judge in determining appropriate award for costs on motion, regardless of outcome of main matter-Trial Judge making no error in exercising discretion to award costs to respondents for interlocutory motion-Rationale behind decision in Thurston Hayes Development Ltd. v. Horn Abbot Ltd. (1985), 5 C.P.R. (3d) 124 (F.C.A.): defendant should not be awarded costs upon winning motion for interlocutory injunction as losing party may still have been justified in complaining of defendant's activities-Even if Thurston Hayes no longer binding precedent, using rationale expressed in it may be appropriate in circumstances where costs award for interlocutory injunction reserved, given after completion of main action-Appeal dismissed-Federal Court Rules, 1998, SOR/98-106, r. 401(1).