Maison des Pâtes Pasta Bella Inc. v. Olivieri Foods Ltd.
T-1518-97
Muldoon J.
12/2/99
13 pp.
Two motions arising from assessment of costs by assessment officer-Applicant ordered to pay respondent costs in amount of $19,277.21-Seeking reduction of award of costs by $5,015, being award of costs for assessment itself, and order for costs of motion on solicitor and client basis-Respondent filing cross-motion for order setting aside assessment officer's order, substituting order awarding increased costs to respondent in amount of $45,261.09, and order for costs of motion on solicitor and client basis-Motions arising from trade-mark expungement proceedings initiated by applicant on July 16, 1997-RR. 405 to 414 governing assessment of costs-Court's function on review of assessment of costs to determine whether assessment officer applied correct principles-Reviewing court may interfere with taxation of costs if assessment officer erred in law, in principle-Error in quantum may amount to error in principle-Costs awarded on solicitor and client scale intended to provide complete indemnity to successful party-Party and party scale providing only partial indemnity-Respondent's motion alleging assessment officer erred in principle in four instances-Assessment officer declining respondent's request to "top up" costs award of $3,500 for applicant's failed motion, appeal for leave to file additional evidence-Erred in principle in concluding second order of Hugessen J. acted to preclude "topping up" of first order related to costs awarded on party and party scale for particular motion-Hugessen J.'s second order awarding costs on solicitor and client scale meaning respondent to be reimbursed according to scale for costs incurred throughout proceeding, including applicant's failed motion, appeal for leave to introduce further evidence-Under r. 410(2), costs of motion for extension of time borne by party bringing motion, unless Court orders otherwise-Assessment officer properly relied on r. 410(2) in decision to tax off fees claimed for particular motion-Respondent's claim for translation costs denied-Assessment officer's refusal to admit translation expenses into award of costs must stand-Federal Court bilingual court in both nature, function-Parties appearing before it may use either of official languages-Choice of language should not result in imposition of additional costs-Costs for assessment hearing amounting to $6,254.37-Assessment officer reducing amount to $5,015 at assessment hearing, reduction of $1,239.37-Reason for decreased award some of preparation time "unnecessary"-Amount of reduction not constituting error in principle-Applicant seeking order setting aside assessment officer's award of costs, substituting for it one reducing total amount by $5,015-Contending assessment officer taxed off total of $32,167 of total bill of $32,440 submitted by respondents-Applicant's position based on misunderstanding of what amounts represent-Assessment officer not taxing $32,167 off total $32,440, but correcting calculation of fees claimed by respondent-Correct total claimed $32,167, of which assessment officer awarded $19,277.09-Applicant's motion must fail-No award of costs of review made to either party-Federal Court Rules, 1998, SOR/98-106, rr. 405, 406, 407, 408, 409, 410, 411, 412, 413, 414.