Canadian Laboratory Supplies v. Engelhard Industries
The Court ordered that the funds paid into Court by the respondent on February 26, 1974, together with accumulated interest, be paid out to the appellant and varied the prior costs award so that the appellant recover its costs at trial and in this Court while the respondent recover its costs in the Ontario Court of...
Source-derived case information.
- Citation
- [1980] 2 SCR 450
- Parties
- Appellant / Plaintiff: Canadian Laboratory Supplies Ltd.; Respondent / Defendant: Engelhard Industries of Canada Ltd.
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 18 December 1980
- Procedural Posture
- Action / Appeal (rehearing) From the Court of Appeal for Ontario to the Supreme Court of Canada
- Outcome
- Funds paid into Court released to appellant with interest; costs allocation varied as set out; no costs for rehearing.
- Legal Topics
- Costs Awards, Funds Paid Into Court, Interest on Funds, Allocation of Costs Across Courts, Rehearing
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canadian Laboratory Supplies Ltd.
Appellant / Plaintiff
Engelhard Industries of Canada Ltd.
Respondent / Defendant
Procedural Posture
Action / Appeal (rehearing) From the Court of Appeal for Ontario to the Supreme Court of Canada
Legal Issues
- 1 Whether funds paid into Court by respondent should be paid out to appellant with accumulated interest
- 2 Whether the prior costs award should be varied to allocate trial and Supreme Court costs to appellant and Ontario Court of Appeal costs to respondent
- 3 Whether any costs should be awarded for the rehearing
Ratio Decidendi
The Court ordered that the funds paid into Court by the respondent on February 26, 1974, together with accumulated interest, be paid out to the appellant and varied the prior costs award so that the appellant recover its costs at trial and in this Court while the respondent recover its costs in the Ontario Court of Appeal; there will be no costs for the rehearing.
Court Disposition
Funds paid into Court released to appellant with interest; costs allocation varied as set out; no costs for rehearing.
Orders
- Money paid into Court by the respondent on February 26, 1974, with accumulated interest thereon, be paid out to the appellant.
- The costs awarded by the judgment of this Court delivered on May 8, 1979, are varied so that the appellant recover its costs at trial and in this Court and the respondent recover its costs in the Ontario Court of Appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Canadian Laboratory Supplies v. Engelhard Industries Collection Supreme Court Judgments Date 1980-12-18 Report [1980] 2 SCR 450 Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Estey, Willard Zebedee On appeal from Ontario Subjects Action Decision Content Supreme Court of Canada Canadian Laboratory Supplies v. Engelhard Industries, [1980] 2 S.C.R. 450 Date: 1980-12-18 Canadian Laboratory Supplies Ltd. (Plaintiff) Appellant; and Engelhard Industries of Canada Ltd. (Defendant) Respondent. 1980: December 18. Present: Laskin C.J. and Martland, Ritchie, Dickson and Estey JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO—REHEARING[1]. Judgments and orders—Costs—Money paid into Court by respondent to be paid out to appellant with accumulated interest. J.J. Fitzpatrick, Q.C., for the appellant. John Adams, for the respondent. The judgment of the Court was delivered orally by THE CHIEF JUSTICE—It is ordered that the money paid into Court by the respondent on February 26, 1974, with the accumulated interest thereon, be paid out to the appellant, and it is further ordered that the costs awarded by the judgment of this Court delivered on May 8, 1979, be varied to provide that the appellant recover its costs a trial and in this Court and that the respondent recover its costs in the Ontario Court of Appeal. There will be no costs of the rehearing. Judgment accordingly. Solicitors for the appellant: Fitzpatrick, O’Donnell & Poss, Toronto. Solicitors for the respondent: Fraser & Beatty, Toronto. [1] See [1979] 2 S.C.R. 787.