Shorworld International Inc. v. Fednav Ltd.
T-989-92
Richard J.
15/1/97
3 pp.
Action for marine cargo claim commenced in 1992-Sum claimed $63,292.91 with interest from April 27, 1991, costs of survey fees and costs of action-Offer made in writing by defendant Fednav Ltd. to settle action for $14,000 inclusive of capital and interest-Made without admission of liability to trigger cost consequences of R. 344.1-Not providing for costs, not revoked-Offer accepted by counsel for plaintiffs-Defendant Fednav Ltd. not approving amount of costs-Plaintiffs seeking costs in action up to date of offer to settle based on column III, Part II, Tariff B, with costs of motion-Plaintiff accepting offer to settle under R. 344.1, prior to judgment, entitled to party and party costs to date of service of offer, unless Court otherwise directs or parties otherwise agree-Plaintiffs entitled to party and party costs to date of service of offer-Defendant Fednav Ltd. to pay to plaintiffs lump sum of $6,000 in lieu of taxed costs, in satisfaction of fees, disbursements-Federal Court Rules, C.R.C., c. 663, R. 344.1 (as enacted by SOR/94-41, s. 3), Tariff B (as enacted by SOR/95-282, s. 5).