Keramchemie Gmbh v. Keramchemie ( Canada ) Ltd.
A-605-95
Marceau J.A.
10/9/98
3 pp.
Appeal from Trial Division decision (1995), 63 C.P.R. (3d) 342 awarding costs on solicitor-client basis retroactively from commencement of proceedings-Date of reprehensible conduct invoked to support request for solicitor-client costs of utmost importance as costs on such scale exceptional, should be ordered only for time party has caused substantial, unnecessary difficulty, expense to other party-Impugned decision wrong in purporting to subject to exceptional, punitive ruling four interlocutory orders made in course of proceedings-Subsequent determination costs already awarded in order disposing of interlocutory motion would have to be paid on solicitor-client scale would constitute departure from significant component of order that has become final, therefore would not be open to reconsideration except on appeal-Motions Judge's order varied so as to exclude from scope costs already awarded in four interlocutory orders made in course of proceedings.