Castor (Ship) v. Incremona Salerno Marmi Affini Siciliani, 2004 FCA 313

Date: 20040921

Docket: A-30-02

Citation: 2004 FCA 313

BETWEEN:

                                               THE OWNERS AND ALL OTHERS

                                          INTERESTED IN THE SHIP "CASTOR",

                                    THE SHIP "CASTOR" and ATLAS TRAMPSHIP

                                       REEDEREI GmbH & Co. ms "CASTOR" KG

                                                                                                                                          Appellants

                                                                         - and -

                                               INCREMONA-SALERNO MARMI

                                              AFFINI SICILIANI (I.S.M.A.S.) s.n.c.

                                               and DANZAS (CANADA) LIMITED

                                                                                                                                      Respondents

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                In Federal Court file T-2330-00, an action claiming damages and other relief against the Appellants/Defendants (hereafter the "Castor Appellants") and a number of other defendants associated with the ship "Katsuragi" (hereafter the "Katsuragi Appellants", who also successfully appealed in Federal Court of Appeal file A-28-02) arising out of the shipment of a consignment of polished granite from Italy to Canada, the parties agreed among themselves to seek a declaration as to whether the Marine Liability Act, s. 46 (1) applied on the facts therein. On December 4, 2001, the Federal Court ordered that said subsection did apply, gave certain directions to the Defendants and awarded costs against them in any event of the cause. On December 2, 2002, the Federal Court of Appeal allowed this appeal, set aside the December 4, 2001 order below, declared that s. 46(1) did not apply and awarded costs here and below to the "Castor Appellants". I issued a timetable for written disposition of the bill of costs of the "Castor Appellants".

[2]                The Respondents and the "Castor Appellants" led evidence and submissions, comparable to what was led during the assessment of the bill of costs of the "Katsuragi Appellants", concerning my jurisdiction to proceed in the face of a settlement document. For the reasons given for the assessment of the costs of the "Katsuragi Appellants", reported at [2004] F.C.J. No. 1272 (A.O.), I conclude that I should proceed with the assessment of the costs of the "Castor Appellants". The only item in issue was item 26 (assessment of costs) which, for the reasons given in the other assessments of costs associated with this litigation, I allow at the reduced amount of 2 units. The bill of costs of the "Castor Appellants", presented at $3,092.97, is assessed and allowed at $2,974.72.

(Sgd.) "Charles E. Stinson"

     Assessment Officer

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                           A-30-02

STYLE OF CAUSE:               THE SHIP "CASTOR" et al.

v. INCREMONA-SALERNO MARMI AFFINI

SICILIANI (I.S.M.A.S.) s.n.c. et al.

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                  September 21, 2004

SOLICITORS OF RECORD:

Bernard & Partners                                                                   For Appellants/Defendants

Vancouver, BC

Bromley Chapelski       

Vancouver, BC                                                                         For Respondents/Plaintiffs