Porto Seguro Companhia de Seguros Gerais v. Federal Danube ( The )
T-2057-85
Tremblay-Lamer J.
6/2/95
4 pp.
Application under R. 344 for $200,000 lump sum costs in addition to $58,755.87 already taxed -- Plaintiff's action for damages arising from ship collision dismissed -- R. 344(4) permitting Court to award lump sum of costs in addition to taxable costs even when taxation already occurred, but caution necessary -- Not in interest of administration of justice to bypass tariff -- In Jackson v. Ship Eucluelet Princess et al. (1994), 77 F.T.R. 266 (F.C.T.D.) confirming conservative, exceptional approach to special directions enunciated in Diversified Products Corp. v. Tye-Sil Corp. (1988), 23 C.P.R. (3d) 313 (F.C.T.D.) i.e. parties cannot expect to recover all their costs under tariff relating to party-and-party costs, and exorbitant increase over tariff items should not be countenanced as Court should not interfere lightly with rules relating to sums intended to be allowed on party-and-party basis -- Statement equally persuasive in context of lump sum awards -- Defendants seeking almost entire amount of fees, disbursements -- Awarding them what they ask would amount to giving defendants solicitor-client costs -- Such costs awarded neither at trial nor now -- Even in Louis Vuitton S.A. et al. v. Endo (1992), 48 F.T.R. 81 (F.C.T.D.), involving admitted and blatant illegal and illicit activities, lump sum costs equivalent to slightly more than half the value of solicitor-client costs awarded -- Any additional costs herein should be less than proportion awarded when bad faith at issue -- Plaintiff's attitude only ground for awarding additional costs herein -- Unnecessarily lengthened proceedings, created necessity of incredible number of pre-trial conferences, excessive number of motions -- Due to plaintiff's numerous delays, snail-like pace at which litigation prosecuted, costs higher than would otherwise have been -- Defendants argued expert on Brazilian law unnecessary -- Too easy in hindsight to know what evidence useful and what not -- Brazilian expert beneficial by establishing similarities between Quebec and Brazilian law -- In addition to costs already taxed, costs to defendant in amount of $20,000 ordered -- Federal Court Rules, C.R.C., c. 663, R. 344 (as am. by SOR/87-221, s. 2).