Mag Instrument, Inc. v. World Famous Sales of Canada Inc.
T-2710-90
Giles A.S.P.
24/8/94
5 pp.
Court awarding costs on solicitor and client basis subject to respondent's right to speak to matter of costs-Both counsel having filed written submissions on matter of costs-R. 325 allowing responding party to make representations in writing-Defendant's counsel not advising plaintiff's counsel when changed mind and decided to respond in writing-No need to seek to justify resort to R. 325-Counsel failing to act reasonably in giving no thought to opposing counsel and to Court-Failure by moving party to act reasonably to be taken into account when assessing costs under R. 321(3)-Unreasonable conduct in responding to motion can be dealt with in similar manner-Costs of motion up to date defendant changed mind and decided to respond in writing awarded to plaintiff on party and party basis in any event of cause, and thereafter on solicitor and client basis in any event of cause-Federal Court Rules, C.R.C., c. 663, RR. 321 (as am. by SOR/88-221, s. 6), 325.