Pharmacia Inc. v. David Bull Laboratories ( Canada ) Inc.
A-658-95
Marceau J.A.
9/9/98
3 pp.
Appeal from order granting costs on party-and-party basis-Special reasons, required by former R. 1618, to award costs on judicial review application in that originating motion devoid of any substantial particulars capable of supporting prohibition relief sought-But in fairness could not depart from normal party-and-party costs provided by Tariff B of Rules when application made, argued-To allow costs in excess of then normal applicable standard required express finding of further special reasons-No such finding possible after acknowledgement respondent raised "responsible" arguments in support of application-No basis to order Minister responsible for any of costs as conduct, procedurally speaking, in no way reprehensible-Appeal dismissed with respect to award of costs to respondent David Bull on partyand-party basis, but allowed as to requirement costs be determined otherwise than as provided by Tariff B of former rules-Appeal against refusal to award costs against Minister dismissed with costs-Federal Court Rules, C.R.C., c. 663, RR. 344(7) (as am. by SOR/87-221, s. 2), 1618 (as enacted by SOR/92-43, s. 19).