Nature's Path Foods Inc. v. Country Fresh Enterprises Inc.
T-2647-97
Stinson A.O.
21/5/99
5 pp.
Assessment of costs pursuant to dismissal of application for summary judgment with costs to plaintiff in any event of cause-Defendant objecting to assessment of costs at this stage of litigation-Mennes v. Canada (Correctional Service), [1999] F.C.J. No. 664 (T.D.), holding adjournment pending appeal of decision giving rise to award of costs would effectively amount to stay of proceedings not supported by Rules, and in absence of motion to stay under Federal Court Act, s. 50-After considering cases suggesting stays of proceedings not automatic upon filing of appeal, adjournment refused-Mennes distinguished-Unless Court otherwise directing, crystallization and recovery of amount for interlocutory award of costs should only occur coincident with assessment of award of costs flowing from judgment on substantive issues of litigation-Plaintiff's argument final judgment determinative of substantive issues of litigation not relevant for assessment of costs of interlocutory event cannot succeed-Cases asserting priority of practical disposition of elements of litigation-Interlocutory awards of costs should not ordinarily result in multiplicity of assessments, collections of costs possibly increasing ultimate expense of litigation as opposed to single process more efficiently gathering together all issues of costs for assessment which per r. 408(2) could address set-off-R. 401(2) providing for, in discretion of Court, exception to approach-Here no such exception in order disposing of summary judgment application-Kirkbi AG v. Ritvik Holdings Inc. (1998), 81 C.P.R. (3d) 289 (F.C.T.D.) determinative-Assessment premature in absence of direction for disposition forthwith-Objection to assessment allowed-Federal Court Rules, 1998, SOR/98-106, rr. 401(2), 408(2)-Federal Court Act, R.S.C., 1985, c. F-7, s. 50.