Canastrand Industries Ltd. v. Lara S ( The )
T-940-89
Reed J.
26/7/93
Application for order for costs pursuant to R. 344(6)(a) directing taxing officer to assess plaintiff's costs at three times amounts specified in Tariff B -- Plaintiff offering before trial to settle claim for $100,000 -- At trial $101,700 awarded -- Application denied -- Jesionowski v. Gorecki and Ship Wa-Yas (1992), 55 F.T.R. 1 (F.C.T.D.) wherein three times tariff awarded, distinguished -- As issues herein not litigated in unreasonable and unnecessary way, lump sum of three times tariff inappropriate -- As to whether costs should be on solicitor/client or party/party basis, Court not entitled to take into account fact tariff in this Court unreasonably low -- Settlement offer not justifying award of costs at higher scale although lower than trial award -- Plaintiff's offer made close to commencement of trial and left open for short period of time to allow time for witnesses and counsel to travel from west -- Counsel for defendants unable to get instructions from all clients before offer expired -- Federal Court Rules, C.R.C., c. 663, R. 344(6)(a) (as am. by SOR/87-221, s. 2).