AIC Ltd. v. Infinity Investment Counsel Ltd.
T-1712-97
Blais J.
10/2/99
7 pp.
Motion for order declaring defendants entitled to costs forthwith in accordance with r. 402-Plaintiff's summary judgment proceedings dismissed in Trial Division, with costs fixed at $43,000-Appeal against judgment and costs discontinued-Following discontinuance, defendants requesting $800 in additional costs-Issues whether r. 402 entitled defendants to $43,000 costs forthwith and whether defendants entitled to costs having done almost nothing to justify being granted with those costs even though plaintiff decided to issue discontinuance of its appeal-Motion allowed in part: defendants entitled to costs established at $800 on discontinuance of appeal, payable forthwith pursuant to r. 402-Costs awarded on interlocutory motion not payable until conclusion of trial unless specifically ordered payable forthwith or payable forthwith after taxation: Waterfurnace Inc. v. 803943 Ontario Ltd. (1991), 50 F.T.R. 19 (F.C.T.D.)-T.D. decision dismissing motion for summary judgment and awarding defendants costs of $43,000 interlocutory judgment, and even though no doubt those costs will be paid by plaintiff to defendant, Trial Judge decided not to make costs payable forthwith and r. 402 stating only costs of appeal payable forthwith-Costs of $43,000 not payable forthwith-Costs of present motion established at $1,000 payable forthwith by plaintiff to defendant pursuant to r. 400(1)-Federal Court Rules, 1998, SOR/98-106, rr. 400(1), 402.