PRACTICE |
Costs |
Top Notch Construction Ltd. v. Top-Notch Oilfield Services Ltd.
T-1192-97
2002 FCT 232, Stinson A.O.
1/3/02
6 pp.
Plaintiff's action dismissed with costs to defendant-- Defendant small, recently established company-- Operations significantly interrupted when its president, Kelly MacNutt, had to travel to Calgary to testify at trial--Plaintiff arguing maximum fees should be allowed only as punitive measure for instances of misconduct, if case obviously frivolous, litigation very complex, difficult --Also arguing misconduct not present, Court did not characterize case as frivolous--$1,485 ticket written by MacNutt on firm's letterhead for "Missed work because of Court"--Doubtful provisions in court tariffs for witness expenses, presumably designed to assist in securing best possible evidence for courts, intended to address lost income of litigants--Wording of Federal Court Tariff A3(1), (3) implies "witness" distinguishable from "party" making payment--Concept consistent with historic view of disbursement as payment out-of-pocket to disinterested entity for performance advancing litigation--Tariff A3(1), (3) not authorizing payment, to litigant as witness, of amount for what might have been, but for attendance at trial as witness or to instruct counsel--That MacNutt gave evidence for approximately 1.5 hours on morning of second day of trial irrelevant factor--Tariff A3(1), (3) not applying to litigant as witness in own cause--Therefore, amount of $1,485 disallowed--Defendant's Bill of Costs, presented at $15,389.41, assessed at $8,843.31--Federal Court Rules, 1998, SOR/98-106, Tariff A.