Date: 19990705
Docket: T-2185-88
BETWEEN:
TICKETNET CORPORATION
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
EVANS J.
[1] In a judgment that I rendered in this matter on June 11, 1999 I invited counsel to make written submissions on the question of costs. Having received and read their submissions I find no sufficient reason for exercising my discretion under rule 400 of the Federal Court Rules, 1998 to depart from the principle that costs are normally awarded to the successful party, in this case the Crown, the plaintiff in the proceeding.
[2] The parties" settlement of a partial agreed statement of facts no doubt shortened the length of the hearing, and the dispute involved a difficult question concerning the interpretation of a contract. However, in my opinion these considerations do not justify a departure from the general principle governing the award of costs.
[3] Furthermore, I do not regard the Crown"s late motion to amend its pleadings as requiring a costs sanction. The amendment was minor in nature and can have amounted to no more than a relatively small inconvenience to the defendant.
[4] For these reasons I order the defendant, Ticketnet Corporation, to pay the Crown its costs.
"John M. Evans"
J.F.C.C.
Toronto, Ontario
July 5, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-2185-88
| STYLE OF CAUSE: TICKETNET CORPORATION |
Plaintiff
| - and - |
| HER MAJESTY THE QUEEN |
Defendant
FURTHER TO THE JUDGMENT RENDERED BY EVANS J. ON JUNE 11, 1999 AND RESULTING WRITTEN SUBMISSIONS MADE BY COUNSEL ON THE ISSUE OF COSTS
REASONS FOR ORDER AND ORDER BY: EVANS, J.
DATED: MONDAY, JULY 5, 1999
SOLICITORS OF RECORD: Borden & Elliot
| Barristers & Solicitors |
| Scotia Plaza |
| 40 King Street West |
| Toronto, Ontario |
| M5H 3Y4 |
For the Plaintiff
Morris Rosenberg
Deputy Attorney General
of Canada
For the Defendant
FEDERAL COURT OF CANADA
Date: 19990705
Docket: T-2185-88
Between:
| TICKETNET CORPORATION |
Plaintiff
| - and - |
| HER MAJESTY THE QUEEN |
Defendant
| REASONS FOR ORDER |
| AND ORDER |