PRACTICE |
Costs |
Conohan v. The Cooperators
T-2092-97
2001 FCT 658, O'Keefe J.
14/6/01
5 pp.
Federal Court Rules, 1998, r. 420(2)(b) (defendant to be awarded party-and-party costs, double costs, where defendant made written offer to settle and plaintiff failed to obtain judgment)--Although point on which defendant succeeded raised in letter shortly after statement of claim filed, no further mention of point until closing argument--Not case where defendant should be deprived totally of its costs, but should receive 50% of party-and-party costs up to January 7, 2000--As to whether defendant should receive double costs, defendant awarded 75% of costs from January 7, 2000 to November 28, 2000, for total of 150% of party-and-party costs for said period--Defendant entitled to have costs assessed in accordance with Column III of table to Tariff B--Costs for attendance of defendant's second counsel allowed--Federal Court Rules, 1998, SOR/98-106, r. 420(2)(b), Tariff B, Column III.