Kajat v. The Arctic Taglu

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

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 candid. The Court agreed that the conduct of the Defendants, other than the Crown, merited an award of increased costs. The Defendants also applied for an order that since the Plaintiff’s husband was found 15% at fault for the accident the Plaintiff’s costs should likewise be reduced by this amount. The Defendants relied on the British Columbia Negligence Act for this proposition. The Court, however, held that costs was a matter within the court’s discretion pursuant to the Federal Court Rules and that, accordingly, the Negligence Act did not apply. The Court refused to exercise the discretion as requested by the Defendants and gave the Plaintiff her full costs. (Note: The Trial Judgment of the court holding the Defendants liable was set aside on appeal and a new trial ordered.)