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.
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"Michelle Lamy"
Assessment Officer |
MONTRÉAL, QUEBEC
August 4, 2003
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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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
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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