PRACTICE
Costs
Action for trade-mark infringement dismissed, appeal therefrom dismissed—Impact of defendants’ offer to settle on costs—Offer expired “one minute after commencement of hearing of action”—Federal Courts Rules, r. 420(2)(b) providing defendant entitled to double its costs from date of offer until date of judgment—Until recently rule stipulated that offer must not be revoked—Some judges interpreting requirement strictly, refusing to apply rule to offers that expired at commencement of trial: Francosteel Canada Inc. v. African Cape (The), [2003] 4 F.C. 284 (C.A.)—Others recognizing such offers qualify under rule: Monsanto Canada Inc. v. Schmeiser (2002), 19 C.P.R. (4th) 524 (F.C.T.D.) (QL) —Rule recently amended to clarify that offers that remain open until beginning of trial can give rise to double costs— Francosteel interpretation binding—While settlement offer not qualifying for double costs, offer may be considered within overall discretion regarding costs under Rules, r. 400— Federal Courts Rules, SOR/98-106, rr. 1 (as am. by SOR/2004-283, s. 2) , 400, 420(2)(b) (as am. by SOR/2005-340, s. 1).
Tradition Fine Foods Ltd. v. Oshawa Group Ltd. (The) (T-2112-99, 2006 FC 93, O’Reilly J., order dated 30/1/06, 6 pp.)