PRACTICE
Costs
Appellant’s action in Federal Court file T‑1491‑00, for declaratory, injunctive relief, damages all relative to Competition Act and provision of free on‑line Canadian aviation examination guides on internet, dismissed with costs—Respondents’ motion for security for costs of appeal dismissed, with costs of motion to appellant in any event of appeal—Appellant presenting bill of costs relating to that motion for assessment at same time as respondents’ bill of costs—Respondents objecting assessment would be premature —Absence of “forthwith” provision in dismissal order indicating Federal Court Rules, 1998, s. 401(2) not applicable —Characterization in Orleski v. North American Property Group (1995), 166 A.R. 285 (Q.B.) of matter of “forthwith” payment of costs as “next question” after disposition of question of outcome of litigation not affecting outcome of discrete interlocutory issue, latter’s associated costs indicating disposition of latter question independent of former— Opportunity for set-off of subsequent interlocutory awards of costs, even costs after judgment, if in favour of respondents, would be lost to respondents if “forthwith” practice established in case law ignored, abandoned—Respondents’ preliminary objection allowed, assessment of appellant’s interlocutory costs premature—Competition Act, R.S.C., 1985, c. C‑34, s. 1 (as am. by R.S.C., 1985 (2nd Supp.), c. 19, s. 19)—Federal Court Rules, 1998, SOR/98‑106, s. 401.
Culhane v. ATP Aero Training Products Inc. (A‑349‑04, 2004 FCA 367, Stinson A.O., assessment of costs dated 28/10/04, 6 pp.)