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Francosteel Canada Inc. v. The "African Cape" et al., 2003 FCA 119

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

This matter concerned an action for damages to cargo in the alleged amount of $500,000. Early in the proceedings the Defendants offered to settle the Plaintiff’s claim for $125,000. The offer was not accepted and the case proceeded to arbitration. The Defendants’ offer of settlement was withdrawn on the fourth day of the arbitration. The arbitrator subsequently rendered an award …

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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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Shorworld International Inc. et.al. v. Fednav Ltd. et.al., 1997 CanLII 4746

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

In this carriage of goods case the Defendant delivered a formal offer to settle pursuant to Rule 344.1. The offer did not provide for costs but the Plaintiff accepted it and demanded costs up to the date of the offer based on column III of Part I of Tariff B. The Court held that the Plaintiff was entitled to the …

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