Iroquois Falls Power Corp. v. Jacobs Canada Inc.

Iroquois Falls Power Corp. v. Jacobs Canada Inc.

The Court directed that the costs of the summary judgment motion be fixed by the motion judge in light of the result of the appeal, unfettered by paragraph 2 of the motion judge's judgment dated March 20, 2007.

Citation
2008 ONCA 398
Parties
Appellant (plaintiff): Iroquois Falls Power Corp.; Respondent (defendant); Respondent (plaintiff by Counterclaim): Jacobs Canada Inc.; Respondent (defendant); Respondent (plaintiff by Counterclaim): McDermott Incorporated; Respondent (defendant): Chubb Insurance Company of Canada; Respondent (defendant): American Home Assurance Company; Defendant by Counterclaim: Computershare Trust Company of Canada; Appellant IFPC (defendant by Counterclaim): Iroquois Falls Power Management Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
21 May 2008
Procedural Posture
Civil / Appeal
Outcome
Costs remitted to the motion judge to be fixed in light of the appeal result.
Legal Topics
Summary Judgment, Costs of Motion, Supplementary Costs Endorsement, Settlement of Formal Order
Source Language
English
Civil Procedure Costs Appeal Insurance Summary Judgment Costs of Motion Supplementary Costs Endorsement Settlement of Formal Order

Case Brief

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Parties

Iroquois Falls Power Corp.

Appellant (plaintiff)

Jacobs Canada Inc.

Respondent (defendant); Respondent (plaintiff by Counterclaim)

McDermott Incorporated

Respondent (defendant); Respondent (plaintiff by Counterclaim)

Chubb Insurance Company of Canada

Respondent (defendant)

American Home Assurance Company

Respondent (defendant)

Computershare Trust Company of Canada

Defendant by Counterclaim

Iroquois Falls Power Management Inc.

Appellant IFPC (defendant by Counterclaim)

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the costs of the summary judgment motion should be fixed by the motion judge in light of the result of the appeal
  2. 2 Whether paragraph 2 of the motion judge's judgment should fetter the subsequent fixing of costs
  3. 3 Procedure for settling the formal order following the appeal

Ratio Decidendi

The Court directed that the costs of the summary judgment motion be fixed by the motion judge in light of the result of the appeal, unfettered by paragraph 2 of the motion judge's judgment dated March 20, 2007.

Court Disposition

Costs remitted to the motion judge to be fixed in light of the appeal result.

Orders

  • Costs of the summary judgment motion to be fixed by the motion judge in light of the result of the appeal, unfettered by paragraph 2 of his judgment dated March 20, 2007.
  • Parties may settle the formal order of this court as provided by the Rules of Civil Procedure.