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The Federal Court refused leave for a corporation to appear through an officer, dismissed the motion, and ordered the Statement of Defence removed from the file.
The Federal Court assessed the defendant’s costs at $2,118.75, allowing Tariff B items for motion preparation, attendance, and post-judgment settlement efforts.
Assessment of costs after discontinuance. The assessment officer disallowed costs for an un-abandoned motion, but allowed the remaining assessable items, fixing costs at $450.
The Federal Court dismissed Richard Condo’s action for delay after he failed to respond to an interim status review notice within the time allowed.
The Federal Court assessed costs in favor of Matthew Boyce, but reduced the claimed units and allowed reasonable disbursements, fixing the total at $1,758.74.
Motion by defendants to vary a case-management timetable so they could examine the plaintiff before filing a defence was dismissed with costs.
The Federal Court dismissed Rochelle Moss’s Rule 397 motion to reconsider, holding she sought a merits rehearing rather than correction of a slip or oversight.
The Court held that the bailiff's reports to the Minister and the bailiff's return of the writs to the Minister satisfied the statutory requirement that "execution for that amount has been returned unsatisfied" under subsections 227.1(2)(a) and 323(2)(a); there is no requirement of particular words or an endorsement on the writ returned to the Federal Court registry where the Federal Court Rules' notice-triggered endorsement procedure was not invoked, and accordingly the director was properly assessed and the appeals were dismissed.
Source excerpt
Fees claimed under Tariff B were allowed in part after reduction of units due to the relative simplicity of the proceeding, fees were fixed at $1,447.20, disbursements proved and allowed at $172.77, and total costs assessed and allowed at $1,619.97 with a certificate to issue.
Source excerpt
Assessment of costs after discontinuance. The assessment officer held the defendant could amend its bill of costs and allowed the amended bill in full at $2,354.16.
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