The plaintiff, ship chandler, had been successful at trial and was awarded damages of approximately $100,000 for unpaid invoices. The plaintiff now sought to recover its legal fees, which were recoverable pursuant to the terms of the contract. The defendant also sought costs on the basis that the plaintiff’s award did not exceed a settlement offer the defendants had made. …
Full SummaryCami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26
This was a case involving a claim against a rail carrier and vessel for damage to cargo. The plaintiff recovered only the limitation amount of $50,000. The vessel and rail carrier each claimed entitlement to double costs on the basis that the rail carrier had paid the plaintiff Cdn$50,000 and the vessel had made an offer to settle in the …
Full SummaryMore Marine Ltd. v. The "Western King", 2009 BCSC 504
In this matter the plaintiff made an offer to settle and the defendants subsequently made a number of counter-offers, none of which were accepted. The defendants then purported to accept the plaintiff’s first offer. The issue was whether the counter-offers extinguished the plaintiff’s initial offer. The Court held that Rule 37B of the British Columbia Supreme Court Rules (which merely …
Full SummaryGoodman Yachts LLC v. The "Gertrude Oldendorff" et al., 2004 FC 40
This was a motion by the Plaintiff for additional security for costs. The underlying action involved damage to a yacht carried as deck cargo from Singapore to Vancouver. The Plaintiff was not a resident of Canada and had no Canadian assets. The Defendants had been previously granted security for costs in the amount of $50,000 with leave to apply for …
Full SummaryStrachan v. Constant Craving, 2003 FC 1175
This was a judgment dealing with costs of the trial in a simplified action where the Defendants were substantially successful on their counterclaim against the Plaintiff. The Court refused to award the Defendants solicitor-client costs as such costs are awarded only in rare circumstances where conduct in the proceeding is scandalous or outrageous or deserving of reproof or rebuke. The …
Full SummaryElders Grain Company Limited v. "Ralph Misener", 2003 FC 1163
The Defendant, who was successful on the main action and counterclaim, sought an order directing the taxing officer to tax its costs in accordance with the high side of Column V of Part II of Tariff B and doubling their costs after the date of their offer to settle the case on a “drop hands” basis. The judge exercised his …
Full SummaryFrancosteel Canada Inc. v. The "African Cape" et al., 2003 FCA 119
This matter concerned an action for damages to cargo in the alleged amount of $500,000. Early in the proceedings the Defendants offered to settle the Plaintiff’s claim for $125,000. The offer was not accepted and the case proceeded to arbitration. The Defendants’ offer of settlement was withdrawn on the fourth day of the arbitration. The arbitrator subsequently rendered an award …
Full SummaryOffrey v. Ryan, 2003 FCT 35
This was an application to require the Plaintiff to post security for costs. The underlying action was for damages allegedly suffered in a collision between two fishing vessels. The action was a subrogated action brought by the Plaintiff’s insurers, although the Plaintiff did have an interest in his deductible. The Court held that the Plaintiff was a nominal Plaintiff and, …
Full SummaryAngloflora Ltd. v. The "Cast Elk", 2002 FCT 1230
This was an appeal from an order of a Prothonotary dismissing the Plaintiff’s claim for failure to comply with a peremptory order that required the Plaintiff to pay costs. The appeal Judge dismissed the appeal and upheld the order striking the Plaintiff’s claim. The appeal Judge noted that the only relevant consideration on such a motion is whether there was …
Full SummaryNeves v. The "Kristina Logos", 2002 FCT 239
In a previous priorities hearing the Crown had been awarded priority in respect of its costs incurred in the sale of the defendant ship in a reasonable amount to be agreed or, failing agreement, to be taxed. The issue in this case was whether the Crown’s costs were to be taxed on a solicitor and client basis or on a …
Full Summary