Hamilton Marine & Engineering Ltd. v. Canadian Shipbuilding & Engineering Ltd.
T-162-89
Nadon J.
4/7/95
12 pp.
Application for special order as to costs pursuant to Federal Court Rules, R. 344(7) arising from claim for damages resulting from capsize of plaintiff's tug while assisting defendant's ship out of fittout berth at port -- Action dismissed-Defendant requesting increased assessment of both senior and junior counsel fees and taxing of invoices of defendant's experts in entirety -- Defendant submitting: (1) decision in their favour; (2) offers of settlement made; (3) extensive volume of work -- 1987 revision to Rules providing greater latitude for allowing costs beyond maximum amounts specified in Tariff B -- Volume of work (technical aspects of file complex, counsel necessarily spending enormous amount of time to grasp substance of reports to present same to Court) factor warranting increase in fees -- Amount claimed and recovered not meriting special consideration -- Result of proceedings not justifying, per se, increase in fees, but necessary element to consider -- Written offer of settlement most important factor; offers of settlement made by defendant justifying increase in fees -- Defendant making five offers in attempt to settle case; defendant advising plaintiffs of intention to bring to Court's attention offers of settlement -- Fact successful party's legal costs far superior to tariff amounts not in itself factor for allowing increase in fees -- Court directing: (1) twice tariff rate in respect of items dealing with conduct of trial; (2) senior counsel 2.5 times tariff rate and junior counsel twice tariff rate; (3) increase be based on maximum amounts allowable under Tariff B -- Amount of payment for services performed by expert witness matter best left to discretion of taxing officer, however, Court directing: (1) defendants' experts be compensated for every court day attended; (2) one day disallowance in regard to remuneration of two witnesses due to less than cooperative behaviour -- Federal Court Rules, C.R.C., c. 663, R. 344(7).