| Citation: |
campbell v. canada (Attorney General), 2010 FC 279, [2010] 2 F.C.R. D-14 |
T-1943-06 |
Practice
Costs
Motion for costs pursuant to Federal Courts Rules, SOR/98-106, r. 334.39 for steps in class proceeding up to Federal Court decision granting plaintiffs’ motion for discontinuance—Defendants submitting that parties against whom action discontinued under r. 402 entitled to costs, “no costs” regime having no application because action never certified—Issue: to what extent “no costs” provision of r. 334.39 governing class proceedings applicable—No related case law at Federal Court level—However, equivalent provision considered in decisions in other jurisdictions—Those decisions not supporting defendant’s assertion that “no costs” regime not in play until action certified—Clear r. 334.39 specifically precluding award of costs relating to motion for certification—R. 334.39 exceptions relating only to the three situations set out in rule, cannot be used as basis for award of costs for other steps in an action—Party benefiting from discontinuance entitled to costs unless otherwise ordered by Court—Class proceeding rules adopted to limit costs protection to three situations as per r. 334.39—Circumstances not warranting departure from r. 402—Motion granted in part.
Campbell v. Canada (Attorney General) (T-1943-06, 2010 FC 279, Hansen J., judgment dated March 11, 2010, 9 pp.)