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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 …

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Cami Automotive, Inc v. Westwood Shipping Lines Inc, 2010 FC 26

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

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 …

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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 …

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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 …

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