PRACTICE
Costs
Appeal, cross-appeal from costs order (2006 FC 631) awarding one set of costs as between respondents taxed at upper end of column IV—Order not referring to negotiated agreement between parties to bear own costs in respect of withdrawn allegations—34 interlocutory orders awarding costs without stipulation as to scale, quantum—Appeal, cross-appeal allowed in part—Federal Courts Rules, SOR/98-106 (as am. by SOR/2004-283, s. 2), r. 407 providing party-and-party costs to be assessed in accordance with column III—As no motions under r. 403 to vary interlocutory orders of costs, no jurisdiction in Federal Court to elevate awards—Also 1999 Court order allowing separate counsel not considered when costs for separate counsel denied.
Merck & Co., Inc. v. Apotex Inc. (A-268-06, 2006 FCA 324, Malone J.A., judgment dated 10/10/06, 8 pp.)