Society of Composers, Authors and Music Publishers of Canada v. 455559 Ontario Ltd.
T-3-94
McGillis J.
4/11/99
3 pp.
Motion to set aside portion of order awarding costs on motion payable forthwith to plaintiff-Prior to return of motion counsel agreed to extend deadline in previous Court order for filing of defendants' affidavit of documents-Agreement between counsel reduced to writing in letter-In arriving at consent agreement concerning extension of deadline, counsel for parties not addressing question of costs-On return of motion, only counsel for plaintiff in attendance-As judge beginning to endorse consent order, plaintiff's counsel requesting costs-Judge granting award of costs-Defendants' counsel becoming aware question of costs raised subsequent to hearing-Submitting discretionary award of costs should be set aside under Federal Court Rules, 1998, r. 399(1)(b) or 399(2)(a)-Improper for plaintiff's counsel, in appearing on consent motion, to seek order for enhanced costs on motion without providing prior notice to counsel for defendants-Not open to plaintiff's counsel to deviate from consent agreement, as confirmed in letter to defendants' counsel, without advising of intention to raise another issue with judge-Motion allowed-Federal Court Rules, 1998, SOR/98-106, r. 399.