Trade Arbed Inc. v. Toles Ltd., 2000 CanLII 16551

In Admiralty Practice, In Rem Actions and Arrest on (Updated )

This was an appeal from an order of a Prothonotary in which the Prothonotary refused to award solicitor-client costs payable by the solicitor personally after the Statement of Claim in rem was ordered struck and an arrest of cargo set aside. On appeal, the Motions Judge held that the seizure of cargo is an extraordinary procedure that constitutes an interference …

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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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Frontier International Shipping Corp. v. The "Tavros", [2000] 2 FC 427, [2000] 2 FC 445

In Arbitration/Jurisdiction Clauses in Maritime Law, Costs and Security for Costs on (Updated )

In this matter the Plaintiff commenced proceedings to obtain security by arrest for arbitration proceedings in New York. Once the security was obtained the Plaintiff brought an application to stay the proceedings. The Defendant questioned the fairness of an arrest to obtain security for an arbitration and also requested counter-security for its counter-claim in the arbitration as well as security …

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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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MacKay v. Scott Packing & Warehousing Co., 1999 CanLII 7401

In Carriage of Goods by Sea on (Updated )

This was a reference to determine the damages of the Plaintiff based upon a limitation of liability clause contained in the contract of carriage. The limitation clause limited the defendant’s liability to 10 pounds sterling per cubic foot of the cubic capacity of the item lost or damaged or, at the Defendant’s option, to the cost of repair or replacement. …

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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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