Dunlop v. Canada
T-2312-91
Smith T.O.
8/5/96
11 pp.
Taxation, on party and party basis, of defendant's costs claimed in amount of $7,881.97-Appeal from Tax Court of Canada decision dismissed with costs by F.C.T.D.-Plaintiff arguing old Tariff should apply to taxation of defendant's bill of costs-New Tariff effective September 1, 1995-Whether provisions respecting costs intended to be retroactive-Plaintiff referring to R. 346.1(2)-Retroactivity, retrospectivity distinguished-Federal Court of Canada superior court created for better administration of laws of Canada-Under Federal Court Act, s. 46, rules committee may make rules and orders, including award and regulating costs in Court in favour of or against Crown-R. 346.1 directing amendments to RR. 344, 345, 346 and Tariff B apply in respect of all proceedings, whenever commenced-Express intention of rules committee to include circumstances such as present case under provisions of new Tariff-Defendant's costs to be taxed as presented under current Tariff in effect as of September 1, 1995-Defendant placed in unenviable position of having to prepare new defence pleadings, conduct further examinations for discovery and ready himself to face new issues at trial-Defendant's bill of costs assessed in total amount of $4,931.97-Federal Court Act, R.S.C., 1985, c. F-7, s. 46 (as am. by S.C. 1990, c. 8, s. 14; 1992, c. 1, s. 68)-Federal Court Rules, C.R.C., c. 663, RR. 344 (as am. by SOR/95-282, s. 1), 345 (as am. idem, s. 2), 346 (as am. idem, s. 3), 346.1 (as am. idem, s. 4), Tariff B (as am. idem, s. 5).