Conohan v. The Cooperators

Conohan v. The Cooperators

Court applied Rule 420(2)(b) and the exercise of judicial discretion: awarded defendant 50% of party-and-party costs up to and including Jan 7, 2000, and 75% of party-and-party costs from Jan 7, 2000 to Nov 28, 2000 (reflecting enhancement due to offer to settle), ordered assessment on Tariff B Column III, allowed second counsel and reasonable disbursements including taxes, and granted post-judgment interest under s.37(1) Federal Court Act and s.51 Supreme Court Act (PEI).

Citation
2001 FCT 658
Parties
Plaintiff: Walter A. Conohan; Plaintiff: Eastern Marine Underwriters Inc.; Defendant: The Cooperators
Court
Federal Court
Jurisdiction
Canada
Judgment Date
14 June 2001
Procedural Posture
Civil Insurance/marine Dispute / Post Trial Costs and Interest Determination
Outcome
Defendant partially successful on costs; specific percentages awarded and further assessment ordered
Legal Topics
Offers to Settle, Assessment of Costs, Post Judgment Interest, Rule 420(2)(b)
Source Language
English
Civil Procedure Costs and Taxation Insurance Law Maritime Law Offers to Settle Assessment of Costs Post Judgment Interest Rule 420(2)(b)

Case Brief

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Parties

Walter A. Conohan

Plaintiff

Eastern Marine Underwriters Inc.

Plaintiff

The Cooperators

Defendant

Procedural Posture

Civil Insurance/marine Dispute / Post Trial Costs and Interest Determination

Legal Issues

  1. 1 Whether defendant entitled to costs under Rule 420(2)(b) of the Federal Court Rules
  2. 2 What proportion of party-and-party costs should be awarded given when the successful defence point was raised
  3. 3 Whether double (enhanced) costs apply for period after offer to settle

Ratio Decidendi

Court applied Rule 420(2)(b) and the exercise of judicial discretion: awarded defendant 50% of party-and-party costs up to and including Jan 7, 2000, and 75% of party-and-party costs from Jan 7, 2000 to Nov 28, 2000 (reflecting enhancement due to offer to settle), ordered assessment on Tariff B Column III, allowed second counsel and reasonable disbursements including taxes, and granted post-judgment interest under s.37(1) Federal Court Act and s.51 Supreme Court Act (PEI).

Court Disposition

Defendant partially successful on costs; specific percentages awarded and further assessment ordered

Orders

  • Defendant shall have 50% of its party-and-party costs up to and including January 7, 2000
  • Defendant shall have 75% of its party-and-party costs from January 7, 2000 to November 28, 2000