Sim v. Canada
T-585-96
Hargrave P.
6/5/96
3 pp.
Motion for production of documents brought by plaintiff-Dismissed as premature-Affidavit of documents, affidavit material in support of motion not filed by plaintiff-Costs awarded against plaintiff in any event, to be taxed mid-range under Tariff B, Column III-Costs means of Court controlling own process-By awarding costs against applicant, Court not only indemnifying successful litigant, but also deterring frivolous proceedings-Costs to be within modest limits-Possibility of high costs may unduly deter party from bringing uncertain but meritorious claim or defence-Federal Court Rules, C.R.C., c. 663, Tariff B (as am. by SOR/95-282, s. 5).
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