PRACTICE |
Costs |
Almecon Industries Ltd. v. Anchortek Ltd.
T-992-92
2002 FCT 1325, Stinson A.O.
23/12/02
4 pp.
Court issued Supplementary Judgment awarding costs of action to plaintiff and outlining directions for assessment of costs--Plaintiff presented bill of costs for $285,633.42-- Defendant objected on basis assessment of costs premature given pending appeals of both decisions--Assessment Officer referring to Casden v. Cooper Enterprises Ltd., [1991] 3 F.C. 281 (T.D.)--Issue in Casden revolved around meaning of term "interlocutory"--Assessment Officer examined proce-dural implications for both interlocutory and final judgment-- Casden did not cast final judgments of Trial Division as interlocutory decisions subject to delays in assessment of costs because final dispositions of substantive issues between litigants in Federal Court of Appeal still pending--In Casden, Court did not suggest final judgment awarding costs subject to "forthwith" limitations for interlocutory decisions-- Plaintiff has choice and right to proceed with assessment of costs-- Defendants' objection to assessment of costs dismissed.