Date: 20010420
Docket: T-6485-81
Neutral Citation: FCT 2001 361
Ottawa, Ontario, this 20th day of April, 2001
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
HARRY D. SHIELDS LIMITED
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] As part of the order issued in this matter, I gave the parties the opportunity to make submissions as to costs. Both parties have made submissions to me. The plaintiff requests costs in the amount of $5,500. The defendant submits that no costs should be awarded to the plaintiff as the plaintiff conceded summary judgment on all the issues except abuse of public authority.
[2] I have reviewed the submissions of both parties and I cannot agree with the position of either party. In a case such as this, I am of the opinion that costs should be costs in the cause.
ORDER
[3] IT IS ORDERED that the costs of the motion for summary judgment shall be costs in the cause.
"John A. O'Keefe"
J.F.C.C.
Ottawa, Ontario
April 20, 2001
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