PRACTICE |
Costs |
Kirgan Holdings S.A. v. Panamax Leader (The)
T-1684-99
2003 FCT 80, Blais J.
27/1/03
10 pp.
Plaintiff made offer to settle to defendants, pursuant to Federal Court Rules, 1998, r. 420(1) in amount of C$98, 988.50 in full and final settlement of matter in principal, interest and costs--Claim granted in amount of C$82,139.76 plus interest--Entitled to C$108,488.14 on November 30, 2002--Whether offer to settle constituting valid offer with respect to Rules, thereby entitling plaintiff to doubling of costs--Plaintiff's settlement offer clear and unequivocal, requiring response from defendants--Also, offer demonstrated ingredient of compromise as offer allowed for slackening of interest and costs if accepted--In present case, plaintiff's expert affidavit and supplemental affidavit filed on August 15, 2002, almost two months prior to settlement offer--Defendant's expert affidavit filed on September 13, 2002, few weeks prior to offer--Clearly bulk of pre-trial preparation completed well in advance of settlement offer-- Although plaintiff's offer constituting valid offer with respect to Rules, clear-cut application of r. 420 (double costs award) excessive in circumstances--Plaintiff entitled to party- and-party costs to date of service of settlement offer and 150% of party-and-party costs thereafter, excluding disbursements--Federal Court Rules, 1998, SOR/98-106, r. 420(1).