Federal Court Decisions

Date: 20010420

Docket: T-6485-81

Neutral Citation: FCT 2001 361

Ottawa, Ontario, this 20th day of April, 2001

PRESENT:      THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE

BETWEEN:

HARRY D. SHIELDS LIMITED

Plaintiff

- and -

HER MAJESTY THE QUEEN

Defendant

REASONS FOR ORDER AND ORDER

O'KEEFE J.

[1]    As part of the order issued in this matter, I gave the parties the opportunity to make submissions as to costs. Both parties have made submissions to me. The plaintiff requests costs in the amount of $5,500. The defendant submits that no costs should be awarded to the plaintiff as the plaintiff conceded summary judgment on all the issues except abuse of public authority.

[2]    I have reviewed the submissions of both parties and I cannot agree with the position of either party. In a case such as this, I am of the opinion that costs should be costs in the cause.

ORDER

[3]    IT IS ORDERED that the costs of the motion for summary judgment shall be costs in the cause.

                                                                               "John A. O'Keefe"                

                                                                                               J.F.C.C.                     

Ottawa, Ontario

April 20, 2001