Strauss Enterprises Ltd. v. Canada (Health)
Source text
Strauss Enterprises Ltd. v. Canada (Health) Court (s) Database Federal Court Decisions Date 2008-12-23 Neutral citation 2008 FC 1406 File numbers T-2206-05 Decision Content Date: 20081223 Docket: T-2206-05 Citation: 2008 FC 1406 Ottawa , Ontario , December 23, 2008 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: STRAUSS ENTERPRISES LTD. dba STRAUSS HERB COMPANY Applicant and THE MINISTER OF HEALTH OF CANADA Respondent SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Having reserved my decision on costs and considering further submissions from the parties, I am unable to identify a basis for departing from the usual approach that costs should follow the outcome of the case. [2] While there were steps taken by both parties that were undoubtedly unnecessary to the final disposition, judicial hindsight can be an unreliable guide to the assessment of the reasonableness of litigation strategies and conduct.In this case, the steps taken by both parties do not appear to me to have been frivolous or so devoid of reason that an adjustment in the usual award of costs should be made. [3] Although it cannot be considered to be a predominant factor, I do agree that there was a public interest aspect to this application. [4] I also agree that there is benefit to both parties in fixing a lump sum for costs and disbursements.In this case, I would award costs to the Respondent in the amount of $35,000.00 inclusive of disbursements. JUDGMENT THIS COURT ADJUDGES that costs are payable by t…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Strauss Enterprises Ltd. v. Canada (Health) Court (s) Database Federal Court Decisions Date 2008-12-23 Neutral citation 2008 FC 1406 File numbers T-2206-05 Decision Content Date: 20081223 Docket: T-2206-05 Citation: 2008 FC 1406 Ottawa , Ontario , December 23, 2008 PRESENT: The Honourable Mr. Justice Barnes BETWEEN: STRAUSS ENTERPRISES LTD. dba STRAUSS HERB COMPANY Applicant and THE MINISTER OF HEALTH OF CANADA Respondent SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT [1] Having reserved my decision on costs and considering further submissions from the parties, I am unable to identify a basis for departing from the usual approach that costs should follow the outcome of the case. [2] While there were steps taken by both parties that were undoubtedly unnecessary to the final disposition, judicial hindsight can be an unreliable guide to the assessment of the reasonableness of litigation strategies and conduct.In this case, the steps taken by both parties do not appear to me to have been frivolous or so devoid of reason that an adjustment in the usual award of costs should be made. [3] Although it cannot be considered to be a predominant factor, I do agree that there was a public interest aspect to this application. [4] I also agree that there is benefit to both parties in fixing a lump sum for costs and disbursements.In this case, I would award costs to the Respondent in the amount of $35,000.00 inclusive of disbursements. JUDGMENT THIS COURT ADJUDGES that costs are payable by the Applicant to the Respondent in the amount of $35,000.00 inclusive of disbursements. “ R. L. Barnes ” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-2206-05 STYLE OF CAUSE: STRAUSS ENTERPRISES LTD. ET AL v. MINISTER OF HEALTH CANADA PLACE OF HEARING: Vancouver , BC DATES OF HEARING: October 16, 17 and 21, 2008 REASONS FOR JUDGMENT AND JUDGMENT: Barnes, J. DATED: December 23, 2008 APPEARANCES: Shawn P. Buckley FOR THE APPLICANT Harry J. Wruck, Q.C. FOR THE RESPONDENT SOLICITORS OF RECORD: Buckley & Company Kamloops , BC FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
Administration des aéroports régionaux d’Edmonton c. Thibodeau
2024 CAF 196