Videotron Ltée v. Netstar Communications Inc., 2003 FCA 314

Date: 20030804

Docket: 02-A-24

Citation: 2003 FCA 314

Between:

VIDÉOTRON LTÉE

and

QUEBECOR MÉDIA INC.

Applicants

and

NETSTAR COMMUNICATIONS INC.

LE RÉSEAU DES SPORTS (RDS) INC.

and

BELL GLOBEMEDIA INC.

Respondents

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                 On November 22, 2002, the Court allowed the motion for leave to appeal filed by the applicants pursuant to s. 31(2) of the Broadcasting Act. The latter subsequently asked the Court to determine whether their notice of appeal filed on January 22, 2003, complied with the deadline mentioned in s. 31(3) of that Act. This motion was allowed with costs on January 31, 2003.

[2]                 To begin with, I must establish whether the assessment of costs resulting from that motion is premature. This objection was raised by the respondents at the start of the hearing of July 22, 2003.

[3]                 Tariff B of the Federal Court Rules (1998) provides fees for the preparation and hearing of motions for leave to appeal under section F, titled "Appeals to the Court of Appeal". These motions for leave in my opinion are interlocutory motions made in the course of the appeal.

[4]                 The practice in the Federal Court of Appeal is to proceed with assessment of costs when the Court has ruled on points of substance raised by the appeal, so as to avoid a multiplicity of assessments. This rule was confirmed by Assessment Officer C. Stinson in Casden v. Cooper Enterprises Ltd., [1991] 3 F.C. 281. Costs on interlocutory motions may be awarded to either party, and Rule 408 of the Federal Court Rules (1998) provides that adjustment is by set-off when the assessment is made, unless the Court has ordered under Rule 401 that they be payable forthwith. Accordingly, the parties suffer no detriment.

[5]                 For these reasons, the bill of costs cannot be assessed as submitted on June 26, 2003, since it is premature to do so at this stage of the proceedings. The applicants' submissions did not persuade me to the contrary. Accordingly, it will be necessary to await the outcome of the appeal before proceeding to assess costs in this matter.

MONTRÉAL, QUEBEC

August 4, 2003

Certified true translation

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

                                                    FEDERAL COURT OF APPEAL

                                                          SOLICITORS OF RECORD

COURT FILE No.:                                                         02-A-24

Between:                                                                          VIDÉOTRON LTÉE

and

QUEBECOR MÉDIA INC.

Applicants

and

NETSTAR COMMUNICATIONS INC.

LE RÉSEAU DES SPORTS (RDS) INC.

and

BELL GLOBEMEDIA INC.

Respondents

PLACE OF ASSESSMENT:                                        Montréal, Quebec

DATE OF ASSESSMENT:                                           July 22, 2003

REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                                                  August 4, 2003

APPEARANCES:

Reisa Khalifa                                                                      for the applicants

Pierre Trottier                                                                     for the respondents

SOLICITORS OF RECORD:

Woods & Associés                                                           for the applicants

Montréal, Quebec

McCarthy, Tétrault                                                            for the respondents

Montréal, Quebec