PRACTICE |
Costs |
Goodman Yachts LLC v. Gertrude Oldendorff (The)
T-283-00
2004 FC 40, Hargrave P.
13/1/04
6 pp.
Action involving loss of substantial yacht carried as deck cargo--Motion by Singapore defendant for additional security for costs in amount of $100,000--Motion for security for costs involves consideration of general reasonableness of what sought as security--Another consideration balance between reasonable security and prejudice--Prothonotary not subscribing to stricter approach by which question and disallow all but most firm items in calculating security for costs--Also not subscribing to British Columbia case law, bearing upon retention of out-of-town counsel, within British Columbia, with result travel costs of such counsel apparently disallowed as taxable disbursements--This might be justified in provincial litigation, but not applicable to Federal Court which has much broader geographic scope of operation--Thus security for reasonable travel costs proper--Fact this successful application might encourage other parties to seek security not reason to deny increased security--Floodgates theory not applicable--Security for costs fixed at $95,000, payable in two segments--Motion allowed in part.