Jean v. The "Capitaine Duval"

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

This was a motion for solicitor client costs. The applicants had been successful in a prior motion to strike the Statement of Claim on the grounds that it was outside the jurisdiction of the court. The motions judge granted increased costs in the amount of $20,000.00. The motions judge said he was satisfied that there had been misconduct on the part of the Plaintiff justifying an increased award of costs. The misconduct consisted of commencing the action prior to the date set for payment in a demand letter sent to the Defendants. Further, the court was satisfied that the arrest of the Defendant vessel was done solely to cause the Defendants embarrassment.