Letourneau v. Clearbrook Iron Works Ltd.

Letourneau v. Clearbrook Iron Works Ltd.

Under amended Rule 401(1) the court has discretion to award interlocutory costs either immediately or as costs in the cause; in the exercise of that discretion and in order to focus the parties on litigation costs, the court ordered that the costs of the discovery motions (and continuation to date) be costs in the cause.

Citation
2004 FC 1626
Parties
Plaintiff (defendant by Counterclaim): John Letourneau; Plaintiff (defendant by Counterclaim): Letourneau Life Rail Ltd.; Defendant (plaintiff by Counterclaim): Clearbrook Iron Works Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
19 November 2004
Procedural Posture
Civil (federal Court) Interlocutory Discovery Motions / Case Management Conference on Costs Following Interlocutory Discovery Motions
Outcome
Costs ordered in the cause for the discovery motions
Legal Topics
Interlocutory Costs, Case Management, Costs in the Cause, Rule 401, Bifurcation
Source Language
English
Civil Procedure Costs Discovery Federal Court Rules Interlocutory Costs Case Management Costs in the Cause Rule 401 +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

John Letourneau

Plaintiff (defendant by Counterclaim)

Letourneau Life Rail Ltd.

Plaintiff (defendant by Counterclaim)

Clearbrook Iron Works Ltd.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Civil (federal Court) Interlocutory Discovery Motions / Case Management Conference on Costs Following Interlocutory Discovery Motions

Legal Issues

  1. 1 Whether costs of interlocutory discovery motions should be awarded immediately or be costs in the cause
  2. 2 Proper application of amended Federal Court Rules (Rule 401) and relevant case law
  3. 3 Appropriate exercise of discretion given mixed success on motions and settlement discussions

Ratio Decidendi

Under amended Rule 401(1) the court has discretion to award interlocutory costs either immediately or as costs in the cause; in the exercise of that discretion and in order to focus the parties on litigation costs, the court ordered that the costs of the discovery motions (and continuation to date) be costs in the cause.

Court Disposition

Costs ordered in the cause for the discovery motions

Orders

  • Costs of the two motions dealing with discoveries, decided 14 October 2004, and of the continuation of that motion to date, as to costs, will be costs in the cause.