Supreme Court
Decision Information
Decision information:
Summary: Draft bill of costs submitted late with explanation. Plaintiff's counsel has not heard from plaintiff, so files Notice of Ceasing to Act. No submission made about amounts set out in draft bill of costs. Court finds explanation for late filing satisfactory, orders fixed amount of security be paid into court on three separate dates
Decision: Action stayed until security given as per order. If order not comlied with, this action is dismissed and costs are against plaintiff
Subjects: Costs - Security for costs - Amount and form of security
Decision Content
CV 06574
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
ARCTIC OUTPOST CAMPS LTD.
Plaintiff
- and -
THE GOVERNMENT OF CANADA as represented
by the Minister of Indian and Northern Affairs
Defendant
Supplemental Reasons on application for security for costs.
REASONS FOR JUDGMENT OF THE HONOURABLE MADAM JUSTICE V.A. SCHULER
Heard at Yellowknife, Northwest Territories
on August 13 & 16, 1996
Reasons filed: January 17, 1997
Counsel for the Plaintiff: Gerard K. Phillips
Counsel for the Defendant: Alan R. Regel
CV 06574
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
BETWEEN:
ARCTIC OUTPOST CAMPS LTD.
Plaintiff
- and -
THE GOVERNMENT OF CANADA as represented
by the Minister of Indian and Northern Affairs
Defendant
REASONS FOR JUDGMENT
1 In Reasons for Judgment issued August 23, 1996 in this matter, I ordered security for costs and directed that counsel for the Defendant submit a draft bill of costs (annexed hereto as Appendix "A").
2 The draft bill of costs was submitted and a satisfactory explanation provided by counsel for the Defendant as to why that was not done within the time required by the Reasons for Judgment.
3 By letter dated November 4, 1996 addressed to the Clerk of the Court, counsel for the Plaintiff advised that he has been unable to obtain instructions from his client. He filed a Notice of Ceasing to Act on November 12, 1996.
4 Neither the Plaintiff, nor anyone on its behalf, has filed submissions or sought to make any submissions about the amounts set out in the draft bill of costs.
5 Accordingly, the security for costs is granted on the following terms:
1. The Plaintiff shall deposit cash or bank letters of credit with the Clerk of the Court in the amounts set out in the draft bill of costs:
(a) up to and including examinations for discovery, within 45 days of entry of this order;
(b) up to trial, within 3 months of the conclusion of the examinations for discovery; and
(c) for the trial, not less than 45 days before the commencement of trial.
2. In the event of failure to pay any part of the above-mentioned security, this action shall stand dismissed with costs against the Plaintiff, without further order, unless the Court on special application otherwise directs.
3. This action is stayed until the above-mentioned security up to and including examinations for discovery is given.
4. The costs of and incidental to this application for security for costs shall be costs in the cause.
V.A. Schuler
J.S.C.
Dated at Yellowknife, Northwest Territories
this 17th day of January, 1997
Counsel for the Plaintiff: Gerard K. Phillips
Counsel for the Defendant: Alan R. Regel
CV 06474
IN THE SUPREME COURT OF THE
NORTHWEST TERRITORIES
BETWEEN:
ARCTIC OUTPOST CAMPS LTD.
Plaintiff
- and -
THE GOVERNMENT OF CANADA as represented
by the Minister of Indian and Northern Affairs
Defendant
REASONS FOR JUDGMENT OF THE
HONOURABLE JUSTICE V.A. SCHULER
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