PRACTICE |
Costs |
671905 Alberta Inc. v. Q'Max Solutions Inc.
T-1227-96
2002 FCT 1293, Gibson J.
13/12/02
12 pp.
Motion for directions as to costs pursuant to Federal Court Rules, 1998, r. 403--Whether defendant entitled to double costs as of service of offer to settle pursuant to r. 420(2)(b)-- Motion denied--Plaintiffs filing infringement action-- Defendant filing counterclaim--Defendant making written offer to settle plaintiff's infringement action on basis of discontinuance with each party paying own costs--No response to settlement offer--Settlement offer later withdrawn --R. 420(1) (offer to settle by plaintiff) requiring offer to settle be clear, unequivocal and end litigation of dubious outcome: Apotex Inc. v. Syntex Pharmaceuticals International Ltd. (2001), 12 C.P.R. (4th) 413 (F.C.A.)--Same applies to r. 420(2) (offer to settle by defendant)--Although offer to settle genuine, not putting end to litigation of dubious outcome-- Also offer not unrevoked to date of judgment as required by r. 420(2)--Offer only in relation to plaintiff's infringement action--Defendant not successful on issue of infringement-- Court not satisfied that acceptance of offer would have had impact on post-offer costs as defendant determined to continue with counterclaim--Federal Court Rules, 1998, SOR/98-106, rr. 403, 420(1),(2).