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Canada decisions
Decisions matching the current search
The Federal Court dismissed a motion in an Official Languages Act application, holding Rule 317 did not apply and that no appeal lay from the associate judge’s direction.
The Federal Court dismissed Enoch Cree Nation’s motion for security for costs, finding the prior $9,000 costs award was not payable forthwith and so did not remain unpaid under Rule 416(1)(f).
Respondents entitled to assessment at the mid-range of column III of Tariff B plus reasonable disbursements; allowed specific Tariff B allowances (Item 18 one unit; Item 21(a) 2.5 units and Item 21(b) one hour; Item 27 one unit for notice of appearance; Item 26 four units for assessment) while disallowing the Item 17 claim for review of notice of appeal and disallowing Item 25 for preparation of the bill as duplicative; travel disbursements (airfare, hotel, taxi, meals) and photocopying/binding were reasonable and allowed; assessment totaled $4,573.52 inclusive of HST.
Source excerpt
The Federal Court dismissed a motion for separate trials in a contempt proceeding, finding the counts were closely linked and no specific prejudice was shown.
Default judgment was entered for Canada after the defendants failed to defend a claim for unpaid agricultural program advances, with costs and interest awarded.
The Federal Court assessed costs, refused to defer taxation because of related proceedings, applied a $150 unit value under Tariff B, and allowed the bill at $2,157.25.
Federal Court partly allowed a motion on expert fees, reducing Sawridge First Nation’s recoverable accounting expert fees from $30,451.33 to $20,000.
Assessment of costs after discontinuance. Item 5 was disallowed, Item 25 was allowed, Item 26 was allowed at 4 units, and disbursements were allowed.
The Federal Court dismissed a motion for default judgment because the plaintiffs filed no affidavit evidence on the substance of the claim, and a Request to Admit could not replace it.
The Federal Court allowed SOCAN’s appeal from a discovery order, holding MLSE had to make diligent inquiries of employees and could not rely on self-created hardship.
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