Federal Court of Appeal Decisions

Decision Information

Decision Content

Date: 20240419

Docket: A-118-21

A-202-21

Citation: 2024 FCA 73

Present:

AUDREY BLANCHET, Assessment Officer

 

Docket: A-118-21

BETWEEN:

 

 

HESAMEDDIN ABBASPOUR TAZEHKAND

 

 

Appellant

 

 

and

 

 

BANK OF CANADA

 

 

Respondent

 

 

Docket: A-202-21

BETWEEN:

 

 

HESAMEDDIN ABBASPOUR TAZEHKAND

 

 

Appellant

 

 

and

 

 

BANK OF CANADA

 

 

Respondent

 

Assessment of costs without appearance of the parties.

REASONS FOR ASSESSMENT BY:

AUDREY BLANCHET, Assessment Officer


 

Date: 20240419


Docket: A-118-21
A-202-21

Citation: 2024 FCA 73

Present: AUDREY BLANCHET, Assessment Officer

Docket: A-118-21

BETWEEN:

HESAMEDDIN ABBASPOUR TAZEHKAND

Appellant

and

BANK OF CANADA

Respondent

Docket: A-202-21

BETWEEN:

HESAMEDDIN ABBASPOUR TAZEHKAND

Appellant

and

BANK OF CANADA

Respondent

REASONS FOR ASSESSMENT

AUDREY BLANCHET, Assessment Officer

[1] On April 10, 2024, the Respondent Bank of Canada requested an assessment of costs following the order of the Court dated March 12, 2024, [Order] which states that: “[t]he motion to hold this matter in abeyance is dismissed, with costs.”

[2] Along with its request for assessment, the Respondent filed a bill of costs [Bill of Costs] which entirely relates to the assessable services and disbursements incurred in relation to the Appellant’s interlocutory motion to hold this matter in abeyance [Motion].

[3] Although the Court awarded costs in favour of the Respondent for said Motion, the costs of interlocutory proceedings are not payable until the conclusion of the trial, unless ordered payable forthwith under subsection 401(2) of the Federal Courts Rules, SOR/98-106 [Rules] (John Stagliano, Inc. v. Elmaleh, 2006 FC 1096; Waterfurnace Inc. v. 803943 Ontario Ltd., [1991] F.C.J. No. 912).

[4] For the sake of clarity, subsection 401(2) of the Rules reads as follows :

Costs payable forthwith

401 (2) Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith.

Paiement sans délai

401 (2) Si la Cour est convaincue qu’une requête n’aurait pas dû être présentée ou contestée, elle ordonne que les dépens afférents à la requête soient payés sans délai.

[5] First, from my review of court file A-118-21 (consolidated with A-202-21), it appears that the substantive issues of this litigation remain outstanding, and no final decision has yet been made.

[6] Second, for an assessment officer to have authority to proceed with an assessment of costs before final determination of the matter, an order under subsection 401(2) of the Rules for costs payable forthwith must be clear (Buck v. Canada (Attorney General), 2022 FC 352 at paras. 15-19). The absence of a “forthwith” provision in the Order indicates that Rule 401(2) is not applicable and therefore, the assessment of the Respondent’s Bill of Costs is premature at this time of the litigation (Culhane v. ATP Aero Training Products Inc., 2004 FCA 367 at para. 7). In the absence of clear directions from the Court for disposition forthwith, I cannot address it at this stage.

[7] Faced with the prematurity of this request for assessment, I did not issue a timetable to the parties to be making submissions on costs that, in the end, are not necessary at this time.

[8] Under the circumstances, the assessment of the Respondent’s Bill of Costs filed on April 10, 2024, will not take place at this stage of the proceedings. The Respondent may serve and file another request for assessment of costs in relation with the Motion once a final determination is made in this litigation.

“Audrey Blanchet”

Assessment Officer

Ottawa, Ontario

April 19, 2024

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD


DOCKET:

A-118-21 and A-202-21

STYLE OF CAUSE:

HESAMEDDIN ABBASPOUR TAZEHKAND v. BANK OF CANADA

MATTER CONSIDERED AT OTTAWA, ONTARIO WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT BY:

Audrey Blanchet, Assessment Officer

DATED:

April 19, 2024

WRITTEN SUBMISSIONS BY:

N/A

FOR THE Appellant

Kyle Shimon

For The RESPONDENT

SOLICITORS OF RECORD:

Lynn H. Harnden

Emond Harnden LLP

Ottawa, Ontario

FOR THE RESPONDENT

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.