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 SummaryKajat v. The Arctic Taglu, 1997 CanLII 5937
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 …
Full SummaryCSL Group Inc. v. Canada, 1997 CanLII 5616
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. …
Full Summary