National Steel Car Ltd. v. Trenton Works Inc.
T-2863-94
Reinhardt T.O.
17/5/96
9 pp.
Taxation of bill of costs pursuant to RR. 345 and 406-Plaintiff filing notice of discontinuance before defendant filing statement of defence but after certain preliminary steps taken in relation to action-Question as to entitlement to claim for costs and whether or not Taxing Officer can award unitary value different than prescribed by Tariff-Rules contemplate preliminary steps before matters can proceed to motion for particulars-Demand for particulars and preparation for motion for particulars in case demand not acted upon, logical steps-Award warranted for preparation of motion although no motion ever brought-Discretion to award costs extends inside range prescribed by Tariff and not beyond-No discovery or inspection of documents-Meeting between parties attempt to clarify issues and shorten proceedings-Not intended to be treated as inspection of documents or examination for discovery-Award of costs not available-Costs for preparation for and attendance on taxation of costs allowed within range-Federal Court Rules, C.R.C., c. 663, RR. 345 (as am. by SOR/95-282, s. 2), 406.