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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. …

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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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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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