PRACTICE |
Costs |
Desjarlais v. Canada
T-1303-01
2002 FCT 95, Hargrave P.
25/1/02
7 pp.
Plaintiff seeking order defendant bear all costs that have, will arise--Party acting for himself cannot receive counsel's fees under Federal Court Rules--Costs, for most part, allowance made to successful party, recoverable from losing party, either following step in proceeding, at end of proceeding--Also at discretion of Court--Court having full discretionary power to determine by whom costs to be paid, with costs normally following event--Discretion must be exercised in judicial manner in accordance with established precedent, practice--Factors set out in r. 400(3) retrospective in nature--R. 400(1) not preventing Court from making award of costs, in advance, in appropriate situation--No special treatment as to costs--Whether or not costs awarded, ability to pay should not be deciding factor, rather one should look at merits of case itself, in effect, look at outcome--Motion for costs, in advance, in effect indemnity for costs in advance, premature, dismissed--Federal Court Rules, 1998, SOR/98-106, r. 400.