WIC TV Amalco Inc. v. ITV Technologies Inc.
Court headnote
WIC TV Amalco Inc. v. ITV Technologies Inc. Court (s) Database Federal Court of Appeal Decisions Date 2005-07-07 Neutral citation 2005 FCA 253 File numbers A-469-03 Decision Content Date: 20050707 Docket: A-469-03 Citation: 2005 FCA 253 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED Appellants and ITV TECHNOLOGIES, INC. Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on July 7, 2005. REASONS FOR ORDER BY: NOËL J.A. CONCURRED IN BY: EVANS J.A. PELLETIER J.A. Date: 20050707 Docket: A-469-03 Citation: 2005 FCA 253 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED Appellants and ITV TECHNOLOGIES, INC. Respondent REASONS FOR ORDER NOËL J.A. [1] The respondent seeks an increase cost award relying on the existence of an offer to settle and the complexity of the appeal. [2] As the offer to settle was made before trial, it does not affect appellate costs unless renewed before appeal (Century Services Inc. v. ZI Corp. (1998), 228 A.R. 103, 1998 ABCA 403; Niagara Steel (St. Catharines) Ltd. v. W.D. Laflamme Ltd. (1987), 58 O.R. (ed) 773, (1987), 19 C.P.C. (2d) 163; Douglas Hamilton Design Inc. v. Mark (1993), 20 C.P.C. (3d) 224, [1993] O.J. No. 1856 (O)nt. C.A.)). [3] Otherwise the Court has not been convinced that the nature of the appeal or its complexity warrant the issuance of a special direction to the assessment office…
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WIC TV Amalco Inc. v. ITV Technologies Inc. Court (s) Database Federal Court of Appeal Decisions Date 2005-07-07 Neutral citation 2005 FCA 253 File numbers A-469-03 Decision Content Date: 20050707 Docket: A-469-03 Citation: 2005 FCA 253 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED Appellants and ITV TECHNOLOGIES, INC. Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on July 7, 2005. REASONS FOR ORDER BY: NOËL J.A. CONCURRED IN BY: EVANS J.A. PELLETIER J.A. Date: 20050707 Docket: A-469-03 Citation: 2005 FCA 253 CORAM: NOËL J.A. EVANS J.A. PELLETIER J.A. BETWEEN: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED Appellants and ITV TECHNOLOGIES, INC. Respondent REASONS FOR ORDER NOËL J.A. [1] The respondent seeks an increase cost award relying on the existence of an offer to settle and the complexity of the appeal. [2] As the offer to settle was made before trial, it does not affect appellate costs unless renewed before appeal (Century Services Inc. v. ZI Corp. (1998), 228 A.R. 103, 1998 ABCA 403; Niagara Steel (St. Catharines) Ltd. v. W.D. Laflamme Ltd. (1987), 58 O.R. (ed) 773, (1987), 19 C.P.C. (2d) 163; Douglas Hamilton Design Inc. v. Mark (1993), 20 C.P.C. (3d) 224, [1993] O.J. No. 1856 (O)nt. C.A.)). [3] Otherwise the Court has not been convinced that the nature of the appeal or its complexity warrant the issuance of a special direction to the assessment officer. [4] The motion will be dismissed with costs. "Marc Noël" J.A. "J.M.E." "DP" FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-469-03 STYLE OF CAUSE: WIC TV AMALCO INC. and GLOBAL COMMUNICATIONS LIMITED and ITV TECHNOLOGIES, INC. MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: Noël J.A. CONQUERED IN BY: Evans J.A. Pelletier J.A. DATED: July 7, 2005 WRITTEN REPRESENTATIONS BY: Mr. Brian D. Edmonds FOR THE APPELLANT Mr. Paul Gornall FOR THE RESPONDENT SOLICITORS OF RECORD: McCarthy Tétrault LLP Barristers and Solicitors Toronto, Ontario FOR THE APPELLANT Barrister and Solicitor Vancouver, British Columbia FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca