Cives Corp. v. Everest Equipments Inc.

Cives Corp. v. Everest Equipments Inc.

The assessment officer applied established Federal Court practice that costs should be assessed only after the Court has ruled on points of substance and noted that Rule 408 provides for set-off at assessment and Rule 401 is required to order immediate payment; there was no basis to require immediate payment following the April 30 decision, so the bill of costs filed May 28, 2003 was premature and will not be assessed.

Citation
2003 FC 919
Parties
Plaintiff/cross Defendant: CIVES CORPORATION; Defendant/cross Plaintiff: EVEREST EQUIPMENT INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 July 2003
Procedural Posture
Assessment of Costs (interlocutory) / Assessment Officer Decision; Assessment Without Personal Appearance
Outcome
Bill of costs not assessed; assessment premature; no order for immediate payment of interlocutory costs.
Legal Topics
Assessment of Costs, Interlocutory Motion, Amendment of Defence and Counterclaim, Set Off of Costs, Federal Court Rules Interpretation
Source Language
English
Civil Procedure Costs Federal Court Practice Assessment of Costs Interlocutory Motion Amendment of Defence and Counterclaim Set Off of Costs Federal Court Rules Interpretation

Case Brief

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Parties

CIVES CORPORATION

Plaintiff/cross Defendant

EVEREST EQUIPMENT INC.

Defendant/cross Plaintiff

Procedural Posture

Assessment of Costs (interlocutory) / Assessment Officer Decision; Assessment Without Personal Appearance

Legal Issues

  1. 1 Whether the bill of costs for an interlocutory motion is premature
  2. 2 Whether the April 30, 2003 decision constituted a final ruling entitling the defendant/cross-plaintiff to immediate costs
  3. 3 Whether immediate payment of interlocutory costs can be ordered absent a Rule 401 order

Ratio Decidendi

The assessment officer applied established Federal Court practice that costs should be assessed only after the Court has ruled on points of substance and noted that Rule 408 provides for set-off at assessment and Rule 401 is required to order immediate payment; there was no basis to require immediate payment following the April 30 decision, so the bill of costs filed May 28, 2003 was premature and will not be assessed.

Court Disposition

Bill of costs not assessed; assessment premature; no order for immediate payment of interlocutory costs.

Orders

  • The bill of costs filed May 28, 2003 by Everest Equipment Inc. will not be assessed.
  • No order is made for immediate payment of the costs relating to the interlocutory motion decided April 30, 2003.