T-1639-96
BETWEEN:
EXPRESSVU INC.,
ALLARCOM PAY TELEVISION LIMITED,
THE FAMILY CHANNEL INC., and
TMN NETWORKS INC.
Plaintiffs
- and -
NII NORSAT INTERNATIONAL INC. c.o.b. 'AURORA DISTRIBUTING',
PRICE COSTCO CANADA INC., LONDON DRUGS LIMITED,
A.C.E. IMPORTS INTERNATIONAL INC.,
THE (DISCOUNT) STEREO STORE LTD. c.o.b. 'BASE ELECTRONICS'
BASE ELECTRONICS CORP., A & B SOUND LTD.,
JERRY'S RADIO & T.V. OF BARRIE LIMITED,
HI-FI 2000 (YORKDALE) LTD.
Defendants
REASONS FOR ORDER AND ORDER
JEROME, A.C.J.:
On March 10, 1997, I disposed of several preliminary motions in this matter and directed that the parties file written submissions with respect to costs.
I have considered written submissions on both sides and I do not think it is appropriate for solicitor and client costs or for costs paid forthwith. Only in exceptional cases do I depart from the practice of directing that costs be taxed on a party and party basis to be paid following judgment at trial.
This is not such an exceptional case situation and therefore I do hereby direct that costs of the motion be to the defendants on a party and party basis in any event of the cause.
O T T A W A
September 10, 1997 ________________________________
A.C.J.
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-1639-96
STYLE OF CAUSE: EXPRESSVU INC., et al.
v. NII NORSAT INTERNATIONAL INC. et al.
PLACE OF HEARING: Toronto, Ontario
REASONS FOR ORDER AND ORDER OF THE ASSOCIATE CHIEF JUSTICE
DATED: September 10, 1997
APPEARANCES
Pat Lassaline
FOR THE PLAINTIFF
William McKenzie
Craig Vanderzee
FOR THE DEFENDANT
A.C.E. Imports
Andrew Roman
FOR THE DEFENDANT
NII Norsat International
SOLICITORS OF RECORD:
Crawford, McKenzie, McLean & Wilford FOR THE PLAINTIFF Orillia, Ontario
Fraser & Beatty FOR THE DEFENDANT
Toronto, Ontario A.C.E. Imports
Miller Thomson FOR THE DEFENDANT
Toronto, Ontario NII Norsat International