Canadian Pacific Railway Company v. Boutique Jacob Inc.

Canadian Pacific Railway Company v. Boutique Jacob Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-03-26
Neutral citation
2007 FCA 121
File numbers
A-116-06
Decision Content
Date: 20070326
Docket: A-116-06
Citation: 2007 FCA 121
Present: NADON J.A.
BETWEEN:
CANADIAN PACIFIC RAILWAY COMPANY
Appellant
and
BOUTIQUE JACOB INC.
Respondent
and
Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,
Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al
Interveners
Head at Montreal, Quebec, on February 21, 2007.
Order delivered at Ottawa, Ontario, on March 26, 2007.
REASONS FOR ORDER BY: NADON J.A.
Date: 20070326
Docket: A-116-06
Citation: 2007 FCA 121
Present: NADON J.A.
BETWEEN:
CANADIAN PACIFIC RAILWAY COMPANY
Appellant
and
BOUTIQUE JACOB INC.
Respondent
and
Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S,
Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al
Interveners
REASONS FOR ORDER
NADON J.A.
[1] By order dated December 22, 2006, I granted leave to Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S, Hapag-Lloyd Container Line GMBH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al (the “successful interveners”) to intervene in this appeal.
[2] By an order also dated December 22, 2006, I dismissed Canadian National Railway Company’s (“CN”) motion to intervene.
[3] I did not dispose of the costs on these motions to intervene, but ordered that costs were to be spoken to.
[4] On February 21, 2007, I heard the parties’ respective submissions on that issue and, after careful consideration thereof, I am of the view that an order for costs on the following terms is, in the circumstances, fair and appropriate:
1. With respect to CN’s motion to intervene, the respondent Boutique Jacob Inc. shall be entitled to costs in the sum of $1,500 inclusive of disbursements and GST.
2. With respect to the motion to intervene filed by the successful interveners, they shall be entitled to costs in the sum of $9,510.79 inclusive of disbursements and GST.
“M. Nadon”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-116-06
STYLE OF CAUSE: CPR v. BOUTIQUE JACOB INC. ET AL.
REASONS FOR ORDER BY: NADON J.A.
PLACE OF HEARING: MONTREAL, QUEBEC
DATE OF HEARING: February 21, 2007
APPEARANCES BY:
J. Kendrick Sproule
For the Respondent
Jean-Marie Fontaine
L. Michel Huart
For the Interveners Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S, Hapag-Lloyd Container Line GmbH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al.
For the Proposed Intervener Canadian National Railway Company.
SOLICITORS OF RECORD:
The Law Offices of J. Kendrick Sproule
For the Respondent
Borden Ladner Gervais LLP
Montreal, QC
Langlois Gaudreau O’Connor LLP
Montreal, QC
For the Interveners Zim Integrated Shipping Services Ltd., A.P. Moller-Maersk A/S, Hapag-Lloyd Container Line GmbH, Safmarine Container Lines N.V., American Steamship Owners Mutual Protection and Indemnity Association Inc. et al.
For the Proposed Intervener Canadian National Railway Company.