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Nedship Bank N.V. v. The "Zoodotis", 2001 FCT 706

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

This was an application by the Plaintiff mortgagee for an order that one of the claimants to a priorities action be required to post security for costs. The Plaintiff argued that the claimant was a foreign corporation and that it was participating in the proceedings more as a party than a traditional lien claimant. Specifically, the claimant was challenging various …

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Barzelex v. Ebn Al Waleed (The), 1999 CanLII 9203

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

In this matter the Defendant had delivered two offers of settlement. The first was lower than the amount the Plaintiff was later awarded. The second was higher. The court held that the Plaintiff was entitled to normal costs up to the time of the second offer and the Defendant was entitled to double costs pursuant to Rule 420 from the …

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Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., 1999 CanLII 19159

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

This was an application to determine the costs to be awarded the successful Defendant. The case is important because it illustrates how significant a cost award can be in a difficult and complex case. The action arose out of a fire on an oil rig. The trial of the action took 53 days and was followed by an appeal to …

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Richardson International Ltd. v. The Starodubskoe, 1999 CanLii 7836

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

In this case the court held that the cost of posting bail is an appropriate matter to factor into an award of security for costs. The court noted that local bonding costs might be a guide to the amount of security. The court reviewed the evidence as to the actual cost of posting the bail and ordered security for bail …

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Jean v. The "Capitaine Duval", 1998 CanLII 8435

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 …

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Porto Seguro Companhia De Seguros Gerais v. Belcan S.A. et.al., 1998 CanLII 8255

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

This was an appeal from a decision of the Prothonotary in which the Prothonotary refused to pay out money paid into court as security for costs. The Plaintiff’s action against the Defendant had been dismissed at trial. The Plaintiff appealed to the Federal Court of Appeal and the appeal was dismissed. The Plaintiff further appealed to the Supreme Court of …

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Canadian Pacific Forest Products v. Termar Navigation Co. Inc., No.T-1719-91 (F.C.T.D.)

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 …

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Kajat v. The Arctic Taglu, 1997 CanLII 5937

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

This case concerned a collision between a fishing vessel and a tug and tow combination. The full facts of the case are summarized under Collisions. This application was to determine costs, amongst other issues. The Plaintiff applied for increased costs on the grounds that the Defendant had taken extreme positions and that some of the Defendants had been less than …

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CSL Group Inc. v. Canada, 1997 CanLII 5616

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

This was an application by the Defendant for increased costs. The Defendant had been successful in its defence of an action brought by the Plaintiff. The action had been a test case in which the Plaintiff sought to recover substantial damages for delays experienced by its ships in the transit of the St. Lawrence Seaway during November and December, 1989. …

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Margem Chartering Co. Inc v. Cosena SRL and The "Bocsa", No. T-2418-96

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

This was an application by the Defendant to have the Plaintiff’s action dismissed for failing to provide security for costs as required by a previous peremptory order. The Court considered the test to be applied when a party fails to comply with a peremptory order (also referred to as an "unless" order). The Court noted that there were two different …

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