Videotron Ltée v. Netstar Communications Inc.
Court headnote
Videotron Ltée v. Netstar Communications Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-08-04 Neutral citation 2003 FCA 314 File numbers 02-A-24 Decision Content Date: 20030804 Docket: 02-A-24 Citation: 2003 FCA 314 Between: VIDÉOTRON LTÉE and QUEBECOR MÉDIA INC. Applicants and NETSTAR COMMUNICATIONS INC. LE RÉSEAU DES SPORTS (RDS) INC. and BELL GLOBEMEDIA INC. Respondents ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On November 22, 2002, the Court allowed the motion for leave to appeal filed by the applicants pursuant to s. 31(2) of the Broadcasting Act. The latter subsequently asked the Court to determine whether their notice of appeal filed on January 22, 2003, complied with the deadline mentioned in s. 31(3) of that Act. This motion was allowed with costs on January 31, 2003. [2] To begin with, I must establish whether the assessment of costs resulting from that motion is premature. This objection was raised by the respondents at the start of the hearing of July 22, 2003. [3] Tariff B of the Federal Court Rules (1998) provides fees for the preparation and hearing of motions for leave to appeal under section F, titled "Appeals to the Court of Appeal". These motions for leave in my opinion are interlocutory motions made in the course of the appeal. [4] The practice in the Federal Court of Appeal is to proceed with assessment of costs when the Court has ruled on points of substance raised by the appeal, so as to avoid a multiplicit…
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Videotron Ltée v. Netstar Communications Inc. Court (s) Database Federal Court of Appeal Decisions Date 2003-08-04 Neutral citation 2003 FCA 314 File numbers 02-A-24 Decision Content Date: 20030804 Docket: 02-A-24 Citation: 2003 FCA 314 Between: VIDÉOTRON LTÉE and QUEBECOR MÉDIA INC. Applicants and NETSTAR COMMUNICATIONS INC. LE RÉSEAU DES SPORTS (RDS) INC. and BELL GLOBEMEDIA INC. Respondents ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On November 22, 2002, the Court allowed the motion for leave to appeal filed by the applicants pursuant to s. 31(2) of the Broadcasting Act. The latter subsequently asked the Court to determine whether their notice of appeal filed on January 22, 2003, complied with the deadline mentioned in s. 31(3) of that Act. This motion was allowed with costs on January 31, 2003. [2] To begin with, I must establish whether the assessment of costs resulting from that motion is premature. This objection was raised by the respondents at the start of the hearing of July 22, 2003. [3] Tariff B of the Federal Court Rules (1998) provides fees for the preparation and hearing of motions for leave to appeal under section F, titled "Appeals to the Court of Appeal". These motions for leave in my opinion are interlocutory motions made in the course of the appeal. [4] The practice in the Federal Court of Appeal is to proceed with assessment of costs when the Court has ruled on points of substance raised by the appeal, so as to avoid a multiplicity of assessments. This rule was confirmed by Assessment Officer C. Stinson in Casden v. Cooper Enterprises Ltd., [1991] 3 F.C. 281. Costs on interlocutory motions may be awarded to either party, and Rule 408 of the Federal Court Rules (1998) provides that adjustment is by set-off when the assessment is made, unless the Court has ordered under Rule 401 that they be payable forthwith. Accordingly, the parties suffer no detriment. [5] For these reasons, the bill of costs cannot be assessed as submitted on June 26, 2003, since it is premature to do so at this stage of the proceedings. The applicants' submissions did not persuade me to the contrary. Accordingly, it will be necessary to await the outcome of the appeal before proceeding to assess costs in this matter. "Michelle Lamy" Assessment Officer MONTRÉAL, QUEBEC August 4, 2003 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL Date: 20030804 Docket: 02-A-24 BETWEEN: VIDÉOTRON LTÉE and QUEBECOR MÉDIA INC. Applicants and NETSTAR COMMUNICATIONS INC. LE RÉSEAU DES SPORTS (RDS) INC. and BELL GLOBEMEDIA INC. Respondents ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF APPEAL SOLICITORS OF RECORD COURT FILE No.: 02-A-24 Between: VIDÉOTRON LTÉE and QUEBECOR MÉDIA INC. Applicants and NETSTAR COMMUNICATIONS INC. LE RÉSEAU DES SPORTS (RDS) INC. and BELL GLOBEMEDIA INC. Respondents PLACE OF ASSESSMENT: Montréal, Quebec DATE OF ASSESSMENT: July 22, 2003 REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: August 4, 2003 APPEARANCES: Reisa Khalifa for the applicants Pierre Trottier for the respondents SOLICITORS OF RECORD: Woods & Associés for the applicants Montréal, Quebec McCarthy, Tétrault for the respondents Montréal, Quebec
Source: decisions.fca-caf.gc.ca