Canada Case Law

Brodie v. Getson

Court

Supreme Court of Nova Scotia

Settlement conference communications are privileged and were not considered; respondent's fees to the end of the two-day trial were reasonable; because respondent's November 29, 2023 offer would have given the applicant the substantive relief sought the court awarded 66% of fees up to that offer and 80% of fees between that offer and end of trial, awarded nothing for post-trial fees for parenting and child support given no clear successful party, and ordered the total costs of $39,250 payable forthwith due to insufficient information to justify installment payments.

Source excerpt

• Relocation
• Offer to settle
• Settlement conference privilege
• Parenting and child support
• Costs payable forthwith

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Bell Media Inc. v. Marshall Macciacchera

Court

Federal Court

Federal Court contempt judgment arising from alleged copyright-infringing streaming services. The Court found the charged defendants knowingly breached an Anton Piller/interim order.

• Anton piller
• Contempt of court
• Self‑incrimination
• Interlocutory/interim injunction
• Admissibility of evidence and hearsay
• Collateral attack on orders

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Tazehkand v. Bank of Canada

Court

Federal Court of Appeal

Because the March 12, 2024 order awarded costs but did not include an explicit 'forthwith' direction under Federal Courts Rules r.401(2), and the substantive issues of the litigation remain outstanding, the assessment officer lacked authority to assess the Respondent's bill of costs at this stage and the request is premature.

Source excerpt

• Interlocutory costs
• Costs payable forthwith
• Federal courts rules r.401(2)
• Prematurity of assessment

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Barrie v. British Columbia

Court

Supreme Court of British Columbia

The court held it could revisit lesser remedies after appeal, but refused to award special costs from commencement because the plaintiffs did not prove wasted costs.

• Disclosure obligations
• Striking pleadings
• Special costs
• Tort advance
• Res judicata
• Costs payable forthwith

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Buck v. Canada (Attorney General)

Court

Federal Court

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).

• Security for costs
• Costs payable forthwith
• Interlocutory costs
• Rule 416(1)(f)
• Rule 401(2)
• Impecuniosity

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Ewert v. Nippon Yusen Kabushiki Kaisha

Court

Supreme Court of British Columbia

The court ordered the plaintiff’s costs of a pre-certification jurisdictional challenge payable forthwith, following dismissal of the defendant’s appeal.

• Jurisdictional challenge
• Costs payable forthwith
• Appeal delay
• Certification
• Costs
• Class-actions

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T-Rex Property AB v. Pattison Outdoor Advertising Limited Partnership

Court

Federal Court

Appeal dismissed from case management orders bifurcating a patent action, granting confidentiality/protective relief, and ordering costs payable forthwith.

• Bifurcation
• Protective order
• Confidentiality order
• Outside counsel eyes only (oceo) designations
• Costs payable forthwith
• Patent validity and infringement

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Tri-Mac Holdings Inc. v. Ostrom

Court

Supreme Court of Nova Scotia

Tariff C ($12,000) did not provide substantial indemnity given respondents' actual legal fees (~$75,000) and the nature of the motion; a lump sum award of $25,000 plus disbursements $6,076.77 was justified and must be paid forthwith because the motion disposed of discrete interlocutory issues, was meritless, and immediate payment will not prevent continuation of the action.

Source excerpt

• Oppression remedy
• Interim injunction
• Tariff c
• Lump sum costs
• Costs payable forthwith

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Olumide v. Canada

Court

Federal Court

The Federal Court ordered Ade Olumide to pay outstanding costs and provide security for costs, and barred further steps in the action until payment was made.

• Security for costs
• Costs payable forthwith
• Impecuniosity
• Onus of proof
• Abuse of process
• Security-for-costs

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HSBC Bank Canada v. A.S. Bains Developments Ltd.

Court

Supreme Court of British Columbia

The court refused special costs on an interlocutory conduct-of-sale application and awarded Abtar Singh Bains costs at Scale B, fixed at $1,900, payable forthwith.

• Conduct of sale
• Special costs
• Scale a
• Scale b
• Costs payable forthwith
• Assessment of costs

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