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Civil Litigation Dicta - Costs - Must Be Requested. Seismotech IP Holdings Inc. v. Ecobee Technologies ULC
In Seismotech IP Holdings Inc. v. Ecobee Technologies ULC (Fed CA, 2024) the Federal Court of Appeal made a useful note re cost awards:[11] While we find that the present appeal cannot succeed on the merits, the Motion Judge’s order must nevertheless be varied. Indeed, it is trite law that as a matter of procedural fairness, costs cannot be awarded when they have not been requested, which, admittedly, is the case here (Exeter v Canada (Attorney General), 2013 FCA 134 at para. 12; Haynes v. Canada (Attorney General), 2023 FCA 244 at para. 5). As a result, the appeal will be granted but only in relation to the costs award. Otherwise, it is dismissed. Since, this time, the respondent is seeking costs, they will be awarded to it. . Haynes v. Canada (Attorney General)
In Haynes v. Canada (Attorney General) (Fed CA, 2023) the Federal Court of Appeal noted a case that maintained that a costs order must be requested:... As is well settled, there cannot be an award of costs for a particular proceeding if costs were not requested in that proceeding (Exeter v. Canada (Attorney General), 2013 FCA 134, 445 N.R. 356 at para. 16).
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