Date: 20081223
Docket: T-2206-05
Citation: 2008 FC 1406
Ottawa, Ontario, December 23, 2008
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
STRAUSS ENTERPRISES LTD.
dba STRAUSS HERB COMPANY
Applicant
and
THE
MINISTER OF HEALTH OF CANADA
Respondent
SUPPLEMENTAL REASONS FOR
JUDGMENT AND JUDGMENT
[1]
Having
reserved my decision on costs and considering further submissions from the
parties, I am unable to identify a basis for departing from the usual approach
that costs should follow the outcome of the case.
[2]
While
there were steps taken by both parties that were undoubtedly unnecessary to the
final disposition, judicial hindsight can be an unreliable guide to the
assessment of the reasonableness of litigation strategies and conduct. In this
case, the steps taken by both parties do not appear to me to have been frivolous
or so devoid of reason that an adjustment in the usual award of costs should be
made.
[3]
Although
it cannot be considered to be a predominant factor, I do agree that there was a
public interest aspect to this application.
[4]
I
also agree that there is benefit to both parties in fixing a lump sum for costs
and disbursements. In this case, I would award costs to the Respondent in the
amount of $35,000.00 inclusive of disbursements.
JUDGMENT
THIS COURT ADJUDGES that costs are payable by the Applicant to the Respondent in the
amount of $35,000.00 inclusive of disbursements.
“ R. L. Barnes ”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2206-05
STYLE OF CAUSE: STRAUSS ENTERPRISES LTD. ET AL
v.
MINISTER OF HEALTH CANADA
PLACE OF
HEARING: Vancouver, BC
DATES OF
HEARING: October 16, 17 and 21,
2008
REASONS FOR JUDGMENT
AND JUDGMENT: Barnes, J.
DATED: December 23, 2008
APPEARANCES:
|
Shawn P.
Buckley
|
FOR THE APPLICANT
|
|
Harry J.
Wruck, Q.C.
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Buckley &
Company
Kamloops, BC
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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