United Parts of Florida Inc. v. Crawford
T-778-99
Hargrave P.
14/12/99
6 pp.
Costs of motion to permit DND to go aboard two destroyers, recently sold by DND so ships might be demilitarized-Destroyers Restigouche, Kootenay, formerly Canadian naval vessels, but sold as surplus, under arrest by Court, ordered sold pendente lite-Order as to costs arising out of subsequent motion by plaintiffs to allow DND access to Restigouche, Kootenay to remove military equipment which DND previously overlooked, including rocket launcher-Motion unsuccessfully opposed by defendant Richard Crawford-At conclusion of motion Court allowing DND to board Restigouche, Kootenay to remove, disable military equipment-Ships ordered sold without such equipment-Plaintiffs seeking $1,200 in costs-Defendant Crawford having no basis upon which to hold up Court ordered, approved sale-Costs might be general deterrent to frivolous proceedings-Costs serving purpose not only of indemnifying successful litigant but of deterring frivolous actions, defences-Same principle applicable to interlocutory steps-To attempt to hold up Court ordered, approved sale, with no reasonable grounds, at least frivolous behaviour, perhaps abuse, that ought to sound in costs-Defendant Crawford previously opposed four motions to gain access for surveyors, purchasers, persons to look after ships-Opposition to motions unsuccessful for most part-Crawford author of own misfortune-Costs in amount of $1,200 payable to plaintiffs within 21 days.