Gélinas v. Financial Transactions and Reports Analysis Centre of Canada, (2005) 290 F.T.R. 243 (FC)

• Judge: Tremblay-Lamer, J.
• Court: Federal Court (Canada)
• Case Date: April 11, 2005
• Jurisdiction: Canada (Federal)
• Citations: (2005), 290 F.T.R. 243 (FC);2005 FC 478

Gélinas v. FINTRAC (2005), 290 F.T.R. 243 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2005] F.T.R. TBEd. MY.009

Marc Gélinas (demandeur) v. Centre d'analyse des opérations et déclarations financières du Canada (défendeur)

(T-1190-03; 2005 CF 478; 2005 FC 478)

Indexed As: Gélinas v. Financial Transactions and Reports Analysis Centre of Canada

Federal Court

Tremblay-Lamer, J.

April 11, 2005.

Summary:

The plaintiff sued the defendant for damages for wrongful dismissal.

The Federal Court, in a decision reported [2005] F.T.R. 3, allowed the action. The parties made submissions respecting costs.

The Federal Court awarded the plaintiff costs in accordance with column III of the table to Tariff B of the Federal Court Rules, 1998. The court dismissed the defendant's request for double costs, for the period after the defendant's offer to settle, because the plaintiff obtained a judgment less favourable than the offer. The offer had been revoked and, in any event, the judgment may actually have been more favourable to the plaintiff than the defendant's offer to settle.

Practice - Topic 7241

Costs - Party and party costs - Offers to settle - General (incl. what constitutes and validity) - The Federal Court held that while the authorities may be unclear as to precisely when an offer to settle must not have been revoked by, regardless of whether the revocation in the present case occurred on the date the revocation letter was written (September 24, 2004) or on the date it was faxed (October 13, 2004), the revocation took place prior to the hearing (November 19, 2004) and, of course, prior to the date of judgment (December 17, 2004) - See paragraphs 3 to 8.

Practice - Topic 7246

Costs - Party and party costs - Offers to settle - Whether judgment equal to or more favourable than offer - The plaintiff successfully sued the defendant for wrongful dismissal - The court's damage award was less than the amount offered by the defendant in its offer to settle - That did not mean, ruled the Federal Court, that the judgment was less favourable to the plaintiff than the offer - The question of whether a judgment was more or less favourable to the plaintiff could encompass non-pecuniary considerations - In the present case the judgment contained a finding of wrongful dismissal and monetary compensation - Compared with the defendant's offer, which proposed a letter of recommendation and greater monetary compensation, the judgment may actually have been more favourable to the plaintiff - See paragraph 10.

Cases Noticed:

Halford v. Seed Hawk Inc. (2004), 253 F.T.R. 122 (F.C.), refd to. [para. 4].

Francosteel Canada Inc. v. Ship African Cape et al., [2003] 4 F.C. 284; 301 N.R. 313; 2003 FCA 119, consd. [para. 4].

671905 Alberta Inc. et al. v. Q'Max Solutions Inc. (2002), 225 F.T.R. 300; 2002 FCT 1293, refd to. [para. 4].

Canadian Olympic Association v. Olymel, Société en Commandite et al. (2000), 195 F.T.R. 216 (T.D.), refd to. [para. 4, footnote 1].

Monsanto Canada Inc. et al. v. Schmeiser et al. (2002), 220 F.T.R. 60; 19 C.P.R.(4th) 524 (T.D.), affd. [2002] N.R. Uned. 261 (F.C.A.), refd to. [para. 8, footnote 2].

Statutes Noticed:

Federal Court Rules, 1998, rule 400(1), rule 400(3) [para. 11]; rule 420(2)(a) [para. 3].

Counsel:

Bruno Meloche, for the plaintiff;

Georges Vuicic, for the defendant.

Solicitors of Record:

Meloche Larivière, Montreal, Quebec, for the plaintiff;

Hicks Morley Hamilton Stewart Storie LLP, Ottawa, Ontario, for the defendant.

This hearing on costs before Tremblay-Lamer, J., of the Federal Court, was based on the record.

Tremblay-Lamer, J., delivered the following decision at Ottawa, Ontario, on April 11, 2005.