Painblanc v. Kastner
A-39-94
Hugessen J.A.
24/2/95
4 pp.
Motion to direct taxing officer to tax appeal costs on solicitor-client basis pursuant to R. 344 on ground proceedings against appellant lacking factual foundation and constituting abuse of process -- Motion relating to appeal decision to strike out appellant, controlling shareholder and managing director of defendant company, as personal defendant in patent infringement action against company -- Appeal decision granting appellant costs as action considered fishing expedition and abuse of process -- Authority in Court to consider improper, vexatious or unnecessary character of proceedings when exercising discretion as to costs found in R. 344(3)(m)(i) -- Although abusive nature of proceedings warranting increase in Tariff B costs, such increases not on solicitor-client scale as: (1) solicitor-client costs not sought in memorandum or in course of argument; and (2) bulk of additional cost and inconvenience occurring in Trial Division and thus subject to separate application -- Appeal not presenting particular difficulties or complexities -- Appeal heard jointly with second unsuccessful appeal, latter of which dismissed with costs; joint appeals resulting in high degree of overlap and unsuccessful appellant should not benefit in any way from present direction as to costs -- Tariff B amounts for preparation and hearing raised; appellant entitled to costs on present application -- Federal Court Rules, C.R.C., c. 663, R. 344 (as am. by SOR/87-221, s. 2).