Canadian Pacific Forest Products v. Termar Navigation Co. Inc.

In Admiralty Practice, Costs and Security for Costs on (Updated )

This was a motion for costs by the successful Plaintiff. The Plaintiff sought costs assessed on a solicitor,client basis or, in the alternative in accordance with the maximum number of units under Column IV of Part II Tariff B and a doubling of the counsel fee as a result of offers to settle. The claim for solicitor client costs was disallowed on the grounds that there was no misconduct on the part of the Defendant. The claim for costs under Column IV was also disallowed on the grounds that both parties had made a relatively simple case complex. With respect to the request for a doubling of the counsel fee the Court noted that a number of offers had been made by the Plaintiff and that the only revocation of the prior offers was by the making of subsequent offers. Each of the offers was more favorable to the Defendants than the judgement at trial. Accordingly, the Plaintiff was entitled to a double counsel fee. The Court did, however, disallow disbursements of payments made to foreign counsel and of travel expenses of Plaintiff’s representatives at trial.