PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
dba STRAUSS HERB COMPANY
and
THE MINISTER OF HEALTH OF
SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT
[1] Having reserved my decision on costs and considering further submissions from the parties, I am unable to identify a basis for departing from the usual approach that costs should follow the outcome of the case.
[2] While there were steps taken by both parties that were undoubtedly unnecessary to the final disposition, judicial hindsight can be an unreliable guide to the assessment of the reasonableness of litigation strategies and conduct.In this case, the steps taken by both parties do not appear to me to have been frivolous or so devoid of reason that an adjustment in the usual award of costs should be made.
[3] Although it cannot be considered to be a predominant factor, I do agree that there was a public interest aspect to this application.
[4] I also agree that there is benefit to both parties in fixing a lump sum for costs and disbursements.In this case, I would award costs to the Respondent in the amount of $35,000.00 inclusive of disbursements.
JUDGMENT
THIS COURT ADJUDGES that costs are payable by the Applicant to the Respondent in the amount of $35,000.00 inclusive of disbursements.
“ R. L. Barnes ”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2206-05
STYLE OF CAUSE: STRAUSS ENTERPRISES LTD. ET AL
v.
MINISTER OF HEALTH
PLACE OF HEARING:
DATES OF HEARING: October 16, 17 and 21, 2008
REASONS FOR JUDGMENT
AND JUDGMENT: Barnes, J.
DATED: December 23, 2008
APPEARANCES:
| Shawn P. Buckley
|
FOR THE APPLICANT
|
| Harry J. Wruck, Q.C.
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
| Buckley & Company
|
FOR THE APPLICANT
|
| John H. Sims, Q.C.
Deputy Attorney General of
|
FOR THE RESPONDENT
|