Goyette v. Labrecque
T-412-96
Bonin T.O.
16/1/97
5 pp.
Costs of action awarded to defendant Toronto-Dominion Bank-Preparation and filing of record, filed pursuant to R. 321.1 in reply to plaintiff's interlocutory injunction, and materials of respondents-Motion for injunction separate from main action-Hearing on interlocutory motion never took place since Judge adjourned it sine die-Decision's silence on costs means no costs awarded to any party-Whether defendant's motion to strike out statement of claim, granted on consent in hearing lasting one hour as costs contested, contested motion within meaning of Item 5 of Tariff B-Since issue of costs included in prayer for relief in motion to strike out pleadings and since entitlement to costs an issue to be decided by Court, motion was contested motion-3 units allowed-Federal Court Rules, C.R.C., c. 663, R. 321.1 (as am. by SOR/92-43, s. 4), Tariff B, Item 5 (as am. by SOR/95-282, s. 5).