Cives Corp. v. Everest Equipments Inc., 2003 FC 919

Date: 20030725

Docket: T-916-01

Citation: 2003 FC 919

Between:

CIVES CORPORATION

Plaintiff

and

EVEREST EQUIPMENT INC.

Defendant

and

Between:

EVEREST EQUIPMENT INC.

Cross-plaintiff

and

CIVES CORPORATION

Cross-defendant

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                 On March 12, 2003, Richard Morneau, prothonotary, allowed Everest Equipment Inc. to amend its defence and counterclaim pursuant to Rule 75 of the Federal Court Rules (1998). On April 30 Lemieux J. dismissed with costs the appeal filed from this order by Cives Corporation. On May 28 Everest Equipment Inc. filed its bill of costs resulting from that appeal and asked that the assessment be made on the basis of written submissions.

[2]                 Cives Corporation alleged that the assessment of this interlocutory motion was premature. Everest Equipment Inc., for its part, submitted that it could request costs since the decision of April 30 made a final ruling on the question of a right to the amendment.

[3]                 I have to say that the Federal Court's practice is to assess costs when the Court has ruled on points of substance raised in a case, so as to avoid a multiplicity of assessments in one case. This rule was confirmed by Assessment Officer C. Stinson in Casden v. Cooper Enterprises Ltd., [1991] 3 F.C. 281. Thus, the parties suffer no detriment since Rule 408 of the Federal Court Rules (1998) provides that costs are adjusted by set-off at the time of assessment unless the Court has ordered under Rule 401 that the costs relating to an interlocutory motion be payable forthwith.

[4]                 In the case at bar there is no basis for concluding that the defendant and cross-plaintiff is entitled to require immediate payment of the costs relating to the motion decided by Lemieux J. on April 30, 2003.

[5]                 The bill of costs as submitted by Everest Equipment Inc. on May 28, 2003, will not be assessed since it is premature to do so at this stage of the proceedings.

MONTRÉAL, QUEBEC

July 25, 2003

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                                 FEDERAL COURT

                                                          SOLICITORS OF RECORD

COURT FILE No.:                        T-916-01

Between:                                        CIVES CORPORATION

Plaintiff

and

EVEREST EQUIPMENT INC.

Defendant

and

Between:

EVEREST EQUIPMENT INC.

Cross-plaintiff

and

CIVES CORPORATION

Cross-defendant

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:        Montréal, Quebec

REASONS BY:                              MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                  July 25, 2003

SOLICITORS OF RECORD:

McCarthy Tétrault                                                                               for the plaintiff/cross-defendant

Montréal, Quebec

Monty Coulombe                                                                                  for the defendant/cross-plaintiff

Sherbrooke, Quebec