PRACTICE |
Costs |
Strachan v. Constant Craving (The)
T-448-98
2003 FC 1175, Gibson J.
10/10/03
20 pp.
In proceedings regarding costs, plaintiffs by counterclaim seek access to documentation underlying settlement of plaintiff's action against one of defendants and of that defendant's counterclaim against plaintiff--No basis, of policy nature or otherwise, justifying, on facts of matter herein, exception to general policy that parties should be protected from being embarrassed by attempts at concession or compromise or even by confessions of weakness--Motion for disclosure of documentation relating to settlement between plaintiff and one of defendants dismissed--With respect to motion for solicitor-and-client costs, on evidence, conduct of plaintiff in course of action cannot be characterized as scandalous or outrageous--Nor can plaintiff's conduct be said to be in nature of misconduct deserving reproof or rebuke-- No basis whatsoever to infer bad faith on part of plaintiff-- Therefore, award of costs on solicitor-and-client basis not justified--As clear and unequivocal offer to settle had been made by plaintiffs by counterclaim, they are entitled to double costs from date of offer--Lump sum costs fixed at $38,000 for fees, disbursements and taxes awarded to plaintiffs by counterclaim against plaintiff.