Engine and Leasing Co. v. Atlantic Towing Ltd.
A-167-92
Décary J.A.
9/11/93
5 pp.
Application to review Hugessen J.A.'s dismissal of R. 344(7) application with respect to costs in Trial Division -- Trial Judge awarding costs to respondents (Engine and Leasing et al.) on party to party basis -- Reasons for impugned decision: lengthy delay in bringing application; amount of costs not in issue on appeal; reason for delay (introduction into Court record of elements which might influence outcome of appeal) invalid; applications for special directions regarding costs in Trial Division normally addressed to Trial Judge; lengthy extension of time to apply under R. 344(7) should only be granted for "very special reasons" -- Application dismissed -- Although, normal practice when trial costs at issue to address application under R. 344(7) to Trial Division, and preferably to Trial Judge, recently on occasional applications made directly to Court of Appeal -- Propriety of practice doubtful, but as issue not raised, profession advised to follow normal practice of making application under R. 344(7) in Trial Division when relating to costs at trial -- Where no cross-appeal to increase costs allowed by Trial Judge, and appeal judgment not altering Trial Judge's order as to costs, respondents out of time and must seek extension of time to apply for special directions -- Denial of extension within Court's discretion -- Federal Court Rules, C.R.C., c. 663, RR. 337(5), 344(7) (as am. by SOR/87-221, s. 2).