Atkinson (Guardian ad litem of) v. Gypsea Rose (Ship), 2014 BCSC 1017

In Collisions and Ships, Costs and Security for Costs on (Updated )

Précis: A small vessel collision case in which liability was apportioned 80% to the moving vessel whose operator was impaired and 20% to the stationary vessel. The case is also notable for holding that the owner of the moving vessel was not liable even though there were some maintenance issues with the boat that contributed to the accident.

Full Summary

Universal Sales Limited v. Edinburgh Assurance Co. Ltd., 2012 FC 1192

In Costs and Security for Costs, Marine Insurance on (Updated )

In prior reasons (2012 FC 418) the plaintiff had been awarded judgment against the defendants in the amount of approximately $5 million. These reasons dealt with the outstanding issues of interest and costs. With respect to interest, the issues were: should the plaintiff be deprived of part of the interest because of delay in prosecuting the matter; from what date …

Full Summary

Calogeras & Master Supplies Inc v. Ceres Hellenic Shipping Enterprises Ltd., 2011 FC 1276, 2012 FCA 244

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

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 Summary

R v. Brendon Fitzpatrik, Port Hardy Prov. Ct. No. 7789 (Oral Reasons.)

In Fish Cases, Offences on (Updated )

This case involved a fisher who was accused of catching and retaining fish in excess of his quota. At trial, the Crown sought to admit evidence from hail reports and daily fishing logs. The fisher successfully argued that the use of these logs violated his right to be secure from self incrimination pursuant to section 7 of the Charter. His …

Full Summary

FFS HK Ltd v. P.T. 25 (Ship), 2011 BCSC 1418

In Admiralty Practice on (Updated )

In this matter the plaintiff was successful at trial in that it obtained an order that the defendant was 50% at fault for a pollution incident. The plaintiff now sought to recover its costs. The plaintiff was awarded special costs and 100% of its costs and disbursements. Special costs were awarded primarily because the defendant advanced evidence of a witness …

Full Summary

Strachan v. Constant Craving, 2003 FC 1175

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

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 Summary

Elders Grain Company Limited v. "Ralph Misener", 2003 FC 1163

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

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 Summary

Francosteel Canada Inc. v. The "African Cape" et al., 2003 FCA 119

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

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 Summary