Federal Court Decisions

Decision Information

Decision Content

Date: 20031106

Docket: T-149-03

Citation: 2003 FC 1310

BETWEEN:

                                                                ARTHUR WEBSTER

                                                                                                                                                       Applicant

                                                                              - and -

                                                             ATTORNEY GENERAL

                                                                        OF CANADA

                                                                                                                                                   Respondent

                                               ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                 The Respondent applied for an order striking out or quashing the application for judicial review of a decision of the Minister of National Revenue concerning certain assessments under the Income Tax Act. On March 11, 2003, the Court denied that motion with costs forthwith upon taxation at the top end of Column V. The Applicant presented a bill of costs endorsed with an agreement and consent of the Respondent.

[2]                 Before I was able to sign off on the assessment of costs and issue a certificate of assessment, the Federal Court of Appeal heard an appeal (Court file A-50-03) of an order of the Federal Court which had granted an extension of time to the Applicant to file his application for judicial review. That application for judicial review remained outstanding at the time that the appeal in A-50-03 was heard. On October 21, 2003, the Federal Court of Appeal allowed the appeal in A-50-03 with costs in that Court and in the Court below, dismissed the Applicant's motion, for want of jurisdiction, for an extension of time to file his application for judicial review and quashed the judicial review. Paragraph [13] of its reasons acknowledged the March 11, 2003 decision above (denying the Respondent's motion to strike out or quash the judicial review), but simply as part of the factual background of the appeal.

[3]                 Costs awarded for interlocutory proceedings are governed by the orders disposing of them. If the wording of the interlocutory award of costs does not specifically restrict those costs to the interlocutory proceeding, they are taken as so restricted and may be varied or removed as a function of an appeal to the Federal Court of Appeal, but they cannot be varied or removed by the judgment after trial. If the wording of the judgment for costs on the substantive issues of the litigation does not specifically authorize such costs throughout from institution of the litigation, they are taken as so authorized except where interlocutory orders pre-empt such application of the judgment, i.e. "costs in any event of the cause", "costs", "no costs" etc. The term "costs in the cause" permits recovery of those interlocutory costs only after success in substantive event of the litigation, i.e. judgment after trial.


[4]                 The March 11, 2003 decision of the Federal Court was interlocutory and did not decide the substantive issues of the judicial review. Said decision was not the subject of the appeal decision in A-50-03. The Federal Court of Appeal as constituted in A-50-03 had no jurisdiction to vary or overturn the March 11, 2003 decision, including its disposition of costs. I allow the Applicant's bill of costs as presented on consent at $3,696.69.

(Sgd.) "Charles E. Stinson"

      Assessment Officer

November 6, 2003

Vancouver, B.C.


                                                                 FEDERAL COURT

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             T-149-03

STYLE OF CAUSE:                           ARTHUR WEBSTER

- and -

THE ATTORNEY GENERAL OF CANADA

ASSESSMENT OF COSTS IN WRITING WITHOUT

PERSONAL APPEARANCE OF PARTIES

REASONS FOR ASSESSMENT OF COSTS:                      CHARLES E. STINSON

DATED:                                                                                       November 6, 2003

SOLICITORS OF RECORD:

Armstrong Nikolich                                                                        for Applicant

Victoria, B.C.

Morris Rosenberg                                                                           for Respondent

Deputy Attorney General of Canada


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