PRACTICE |
Costs |
Seaspan International Ltd. v. Canada
T-1709-90, T-1710-90, T-1711-90, T-1712-90
2002 FCT 1022, Blais J.
30/9/02
9 pp.
Prothonotary issuing order for schedule of trial stipulating pre-trial motions be heard by May 2000--Defendant Crown wishing to amend pleadings after deadline--Prothonotary determining order negating possibility of further motions --Trial management conference resulting in direction that trial judge would hear motion--Defendant's motion to amend pleadings dismissed because too late, too prejudicial, and would not promote interests of justice--Costs reserved-- Plaintiff seeking costs for defendant's motion to amend pleadings on solicitor-and-client basis--Defendant conceding plaintiff entitled to party-and-party costs--No reprehensible, scandalous or outrageous conduct by defendant--Counsel's failure to persuade judge not indicating intention to mislead Court--Untimely motion constituting grounds for solicitor-and-client costs--Minister not bound by own administrative policies; Minister's failure to follow policy in itself insufficient to justify solicitor-and-client costs--No res judicata--Absence of merit alone not constituting grounds for solicitor-and-client costs--Because motion untimely and of little merit, solicitor-and-client costs to plaintiff on defendant's motion to amend pleadings.