Date: 20021114
Docket: A-234-02
Neutral citation: 2002 FCA 449
CORAM: ISAAC J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
PERCY SCHMEISER
and
SCHMEISER ENTERPRISES LTD.
Appellants
(Defendants)
and
MONSANTO CANADA INC.
and
MONSANTO COMPANY
Respondents
(Plaintiffs)
Heard at Ottawa, Ontario, Toronto, Ontario and Saskatoon, Saskatchewan
by videoconference on November 14, 2002.
Judgment delivered from the Bench at Ottawa, Ontario on November 14, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20021114
Docket: A-234-02
Neutral citation: 2002 FCA 449
CORAM: ISAAC J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
PERCY SCHMEISER
and
SCHMEISER ENTERPRISES LTD.
Appellants
(Defendants)
and
MONSANTO CANADA INC.
and
MONSANTO COMPANY
Respondents
(Plaintiffs)
REASONS FOR JUDGMENT
(delivered from the Bench in Ottawa, Ontario
November 14, 2002)
SHARLOW J.A.
[1] This is an appeal from the supplementary judgment on costs, issued by Mr. Justice MacKay on April 17, 2002 (2002 FCT 439), relating to the costs of the trial in Monsanto Canada Inc. v. Schmeiser (2001), 202 F.T.R. 78, 12 C.P.R. (4th) 204, [2001] F.C.J. No. 436 (QL)). The supplementary judgment reads as follows:
| IT IS ORDERED AND ADJUDGED that costs are awarded to the plaintiffs as follows:
|
|
for counsel fees, costs are fixed at $39,000,
|
|
for allowable disbursements, to a maximum of $102,000. for claimed costs accepted as reasonable by the defendants, or failing their agreement, accepted by an assessing officer as reasonable when established in accord with paragraph 1(4) of Tariff B of the Federal Court Rules, 1998; and
|
|
for GST paid on taxable items, to a maximum of $12,100. as may be accepted by defendants, or failing that as may be determined by an assessing officer.
|
[2] A trial judge has considerable discretion in the matter of costs. Generally, an appellate court will not interfere in an award of costs unless it is based on an error of law or a misapprehension as to the facts, or the judge has failed to take into account all relevant considerations. In this case the parties made submissions that introduced a large number of relevant factors, all of which were reviewed by the trial judge and discussed in extensive reasons. We are not persuaded that there is any basis for interfering with the exercise of his discretion. See Reza v. Canada, [1994] 2 S.C.R. 394.
[3] For the foregoing reasons, the appeal will be dismissed. Having regard to the respondents' offer to settle this appeal, and the terms of Rule 420, we will fix costs at $3,000 inclusive of disbursements.
"K. Sharlow"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-234-02
Appeal from a order of the Trial Division dated April 17, 2002,
Trial Division File No. T-1593-98)
STYLE OF CAUSE: PERCY SCHMEISER and SCHMEISER ENTERPRISES LTD.
and
MONSANTO CANADA INC.
and MONSANTO COMPANY
PLACE OF HEARING: Ottawa, Ontario, Toronto, Ontario,
Saskatoon, Saskatchewan by videoconference
DATE OF HEARING: November 14, 2002
REASONS FOR JUDGMENT OF THE COURT: (Isaac, Noël, Sharlow J.J.A.)
RENDERED FROM THE BENCH BY: The Honourable Justice Sharlow
APPEARANCES BY:
Terry J. Zakreski For the Appellant
L.E. Trent Horne For the Respondent
SOLICITORS OF RECORD
Priel, Stevenson, Hood & Thornton For the Appellant
Saskatoon, Saskatchewan
Sim, Hughes, Ashton ; & McKay LLP For the Respondent
Toronto, Ontario
Email this Content