Date: 20010420
Docket: T-1158-00
Neutral Citation: 2001FCT 359
Ottawa, Ontario, this 20th day of April, 2001
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
JAMES SEBASTIAN
544282 ONTARIO INC.,
c.o.b. as HIDEAWAY CAMPGROUND
Applicants
- and -
THE COUNCIL OF THE SAUGEEN FIRST NATION #29
Respondent
[1] In the order I granted in this matter dated August 4, 2000, I permitted the parties to make written submissions as to costs. Both parties made submissions.
[2] I have reviewed the submissions of counsel and I note that the applicants have requested solicitor and client costs in the total amount of $3,378.65. The respondent submits that I should make an award of costs to the applicant "in the cause" or "in any event of the cause". In the alternative, the respondent submits I should make an award of costs fixed in an amount referrable to Tariff B.
[3] I am not prepared to award costs to the applicants on a solicitor and client basis but I am prepared to award the applicants its costs of the motion on a party and party basis to be assessed by the assessment officer.
ORDER
[4] IT IS ORDERED that the applicants be awarded the costs of the motion on a party and party basis to be assessed by the assessment officer.
"John A. O'Keefe"
J.F.C.C.
Ottawa, Ontario
April 20, 2001