Caricline Ventures Ltd. v. ZZTY Holdings Ltd.

Caricline Ventures Ltd. v. ZZTY Holdings Ltd.

The judge may give directions under Rule 403 to the assessment officer but cannot alter the original costs order; absent an order to the contrary the assessment defaults to column III of Tariff B. Applying those principles, the request to direct assessment at the high end of column IV was denied as an impermissible alteration, but directions were given to allow second counsel fees and specified travel fees; no direction was necessary for fees for written argument; and there would be no order as to costs on the motion due to divided success.

Citation
2002 FCT 566
Parties
Plaintiff/applicant: Caricline Ventures Ltd.; Defendant/respondent: ZZTY Holdings Limited; Defendant/respondent: Azim Zone Inc.; Defendant/respondent: Farside Clothing Ltd.; Defendant/respondent: Farside Skateboards & Snowboards Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
15 May 2002
Procedural Posture
Civil Post Judgment Costs Assessment Motion Under Federal Court Rules / Motion in Writing Under Rules 369 and 403 for Directions to Assessment Officer (post Judgment)
Outcome
Plaintiff's motion for directions granted in part and denied in part
Legal Topics
Assessment of Costs, Directions to Assessment Officer (rule 403), Tariff B, Second Counsel Fees, Travel Costs, Written Submissions
Source Language
English
Civil Procedure Costs Federal Court Rules Assessment of Costs Directions to Assessment Officer (rule 403) Tariff B Second Counsel Fees Travel Costs +1 more

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Parties

Caricline Ventures Ltd.

Plaintiff/applicant

ZZTY Holdings Limited

Defendant/respondent

Azim Zone Inc.

Defendant/respondent

Farside Clothing Ltd.

Defendant/respondent

Farside Skateboards & Snowboards Ltd.

Defendant/respondent

Procedural Posture

Civil Post Judgment Costs Assessment Motion Under Federal Court Rules / Motion in Writing Under Rules 369 and 403 for Directions to Assessment Officer (post Judgment)

Legal Issues

  1. 1 Whether the judge who signed the judgment can give directions under Rule 403 while costs are under appeal
  2. 2 Whether the assessment officer should be directed to assess costs at the high end of column IV of Tariff B instead of column III
  3. 3 Whether plaintiff is entitled to second counsel fees for trial and related motion

Ratio Decidendi

The judge may give directions under Rule 403 to the assessment officer but cannot alter the original costs order; absent an order to the contrary the assessment defaults to column III of Tariff B. Applying those principles, the request to direct assessment at the high end of column IV was denied as an impermissible alteration, but directions were given to allow second counsel fees and specified travel fees; no direction was necessary for fees for written argument; and there would be no order as to costs on the motion due to divided success.

Court Disposition

Plaintiff's motion for directions granted in part and denied in part

Orders

  • Plaintiff's request for a direction that costs be assessed at the high end of column IV of the table to Tariff B is denied.
  • The assessment officer is directed that the plaintiff is entitled to second counsel fees in respect of the trial of these actions, including in respect of the motion made during trial with respect to waiver of privilege.