Canadian Pacific Railway Company v. Boutique Jacob Inc., 2007 FCA 121

Date: 20070326

Docket: A-116-06

Citation: 2007 FCA 121

Present:          NADON J.A.

BETWEEN:

CANADIAN PACIFIC RAILWAY COMPANY

Appellant

and

BOUTIQUE JACOB INC.

Respondent

and

Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,

Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al

Interveners

Head at Montreal, Quebec, on February 21, 2007.

Order delivered at Ottawa, Ontario, on March 26, 2007.

REASONS FOR ORDER BY:                                                                                   NADON J.A.

Date: 20070326

Docket: A-116-06

Citation: 2007 FCA 121

Present:          NADON J.A.

BETWEEN:

CANADIAN PACIFIC RAILWAY COMPANY

Appellant

and

BOUTIQUE JACOB INC.

Respondent

and

Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,

Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al

Interveners

REASONS FOR ORDER

NADON J.A.

[1]               By order dated December 22, 2006, I granted leave to Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S, Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al (the “successful interveners”) to intervene in this appeal.

[2]               By an order also dated December 22, 2006, I dismissed Canadian National Railway Company’s (“CN”) motion to intervene.

[3]               I did not dispose of the costs on these motions to intervene, but ordered that costs were to be spoken to.

[4]               On February 21, 2007, I heard the parties’ respective submissions on that issue and, after careful consideration thereof, I am of the view that an order for costs on the following terms is, in the circumstances, fair and appropriate:

1.           With respect to CN’s motion to intervene, the respondent Boutique Jacob Inc. shall be entitled to costs in the sum of $1,500 inclusive of disbursements and GST.

2.           With respect to the motion to intervene filed by the successful interveners, they shall be entitled to costs in the sum of $9,510.79 inclusive of disbursements and GST.

“M. Nadon”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-116-06

STYLE OF CAUSE:                                                               CPR v. BOUTIQUE JACOB INC. ET AL.

REASONS FOR ORDER BY:                                               NADON J.A.

PLACE OF HEARING:                                                         MONTREAL, QUEBEC

DATE OF HEARING:                                                           February 21, 2007

APPEARANCES BY:

SOLICITORS OF RECORD: