Date: 20000418
Docket: A-417-99
CORAM : DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
Hearing held at Montréal, Quebec, on Wednesday, April 12, 2000
Judgment delivered at Ottawa, Ontario, on Tuesday, April 18, 2000
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: LÉTOURNEAU J.A.
DÉCARY J.A.
Date: 20000418
Docket: A-417-99
CORAM : DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
NOËLJ.A.
[1] This is an appeal from a decision of Rouleau J. refusing to vary the assessment officer's award with respect to costs payable by the appellants as a result of the Trial Division dismissing their action.
[2] By order dated October 11, 1996, Denault J. dismissed, with costs, the action brought by Mr. Banville in his personal capacity and as assignee of the rights of A.B. Rimouski. On June 26, 1998, our Court upheld Denault J.'s conclusions regarding Mr. Banville's personal action but allowed, with costs, Mr. Banville's appeal in his capacity as assignee of the rights of A.B. Rimouski. Our Court then referred the matter back to Denault J. for reconsideration of the merits of A.B. Rimouski's contractual remedy. On October 9, 1998, Mr. Banville's action in his capacity as assignee was dismissed, with costs, by Denault J.
[3] At issue in this appeal are the costs resulting from the two dismissals of the appellants' action by the Trial Division.
[4] The appellants maintain that no costs are owed, because this Court allowed their appeal from the Trial Division's first judgment, with costs, and referred the matter back to the trial judge for reconsideration of one part of the issue in dispute. According to the appellants, in granting their appeal, with costs, this Court intended to include both the costs here as well as in the court below.
[5] The appellants have misread our decision. It is clear on its face that the costs awarded relate to costs of the appeal only. Since the order dismissing Mr. Banville's personal action, with costs, was confirmed on appeal, and since Mr. Banville's action in his capacity as assignee was also dismissed, with costs, the Crown is entitled to have its costs paid by both appellants herein.
[6] Accordingly, the appeal should be dismissed and, under the circumstances, without costs.
Marc Noël
J.A.
"I concur.
Robert Décary J.A."
"I concur.
Gilles Létourneau J.A."
Certified true translation
Mary Jo Egan, LL.B.
Date: 20000418
Docket: A-417-99
Ottawa, Ontario, Tuesday, April 18, 2000
CORAM : DÉCARY J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
JUDGMENT
The appeal is dismissed, without costs.
Robert Décary
J.A.
Certified true translation
Mary Jo Egan, LL.B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-417-99
STYLE OF CAUSE:
LES ENTREPRISES A.B.RIMOUSKI INC.
AND ALDÈGE BANVILLE
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: APRIL 12, 2000
REASONS FOR JUDGMENT BY: NOËL J.A.
CONCURRED IN BY: LÉTOURNEAU and DÉCARY J.J.A.
DATED: APRIL 18, 2000
APPEARANCES:
Aldège Banville FOR HIMSELF
Stéphane Lilkoff FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT