Date: 20050707
Docket: A-469-03
Citation: 2005 FCA 253
EVANS J.A.
PELLETIER J.A.
BETWEEN:
WIC TV AMALCO INC. and
GLOBAL COMMUNICATIONS LIMITED
Appellants
and
ITV TECHNOLOGIES, INC.
Respondent
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on July 7, 2005.
REASONS FOR ORDER BY: NOËL J.A.
CONCURRED IN BY: EVANS J.A.
PELLETIER J.A.
Date: 20050707
Docket: A-469-03
Citation: 2005 FCA 253
CORAM: NOËL J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
WIC TV AMALCO INC. and
GLOBAL COMMUNICATIONS LIMITED
Appellants
and
ITV TECHNOLOGIES, INC.
Respondent
REASONS FOR ORDER
[1] The respondent seeks an increase cost award relying on the existence of an offer to settle and the complexity of the appeal.
[2] As the offer to settle was made before trial, it does not affect appellate costs unless renewed before appeal (Century Services Inc. v. ZI Corp. (1998), 228 A.R. 103, 1998 ABCA 403; Niagara Steel (St. Catharines) Ltd. v. W.D. Laflamme Ltd. (1987), 58 O.R. (ed) 773, (1987), 19 C.P.C. (2d) 163; Douglas Hamilton Design Inc. v. Mark (1993), 20 C.P.C. (3d) 224, [1993] O.J. No. 1856 (O)nt. C.A.)).
[3] Otherwise the Court has not been convinced that the nature of the appeal or its complexity warrant the issuance of a special direction to the assessment officer.
[4] The motion will be dismissed with costs.
"Marc Noël"
J.A.
"J.M.E."
"DP"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-469-03
STYLE OF CAUSE: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED and ITV TECHNOLOGIES, INC.
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
CONQUERED IN BY: Evans J.A.
Pelletier J.A.
DATED: July 7, 2005
WRITTEN REPRESENTATIONS BY:
|
Mr. Brian D. Edmonds |
FOR THE APPELLANT
|
|
Mr. Paul Gornall |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
McCarthy Tétrault LLP Barristers and Solicitors Toronto, Ontario |
FOR THE APPELLANT
|
|
Barrister and Solicitor Vancouver, British Columbia |
FOR THE RESPONDENT |