Date:
20070315
Docket: A-270-06
Citation: 2007 FCA 122
CORAM: NADON J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
JAGUAR CARS LIMITED and
FORD MOTOR COMPANY OF CANADA, LIMITED/
FORD DU CANADA LIMITEE carrying on
business as
JAGUAR CANADA
Appellants
(Defendants)
and
REMO IMPORTS LTD.
Respondent
(Plaintiff)
Heard
at Toronto, Ontario, on March 15, 2007.
Judgment delivered from the Bench at Toronto, Ontario, on March 15, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW
J.A.
Date:
20070315
Docket: A-270-06
Citation: 2007
FCA 122
CORAM: NADON
J.A.
SHARLOW
J.A.
MALONE
J.A.
BETWEEN:
JAGUAR CARS LIMITED and
FORD MOTOR COMPANY OF CANADA, LIMITED/
FORD DU CANADA LIMITEE carrying on
business as
JAGUAR CANADA
Appellants
(Defendants)
and
REMO IMPORTS LTD.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Toronto, Ontario, on March 15, 2007)
SHARLOW J.A.
[1]
We
are all of the view that this appeal should be allowed on the basis that the
Judge erred in his application of Rule 420 (2006 FC 690).
[2]
At
the commencement of trial, the settlement offer made by the Appellants on May
6, 1997 had not been expressly withdrawn or revoked. Nor did the subsequent
settlement discussions yield a new offer that could reasonably be construed as
an implicit revocation. The record discloses no basis for not giving the
Appellant’s double costs after May 6, 1997.
[3]
For
these reasons, we would allow this appeal and vary paragraph (f) of the order
under appeal so that it reads: “The Defendant’s offer of May 6, 1997 will
double the costs, excluding disbursements, after that date.”
[4]
The
Appellants are entitled to their costs fixed at $2,000.00.
“K. Sharlow”
FEDERAL
COURT OF APPEAL
NAMES OF
COUNSEL AND SOLICITORS OF RECORD
DOCKET:
A-270-06
STYLE OF CAUSE: JAGUAR CARS LIMITED and
FORD MOTOR COMPANY OF CANADA,
LIMITED/
FORD DU CANADA LIMITEE
carrying on business as
JAGUAR CANADA
Appellants
(Defendants)
and
REMO IMPORTS LTD.
Respondent
(Plaintiff)
PLACE OF HEARING:
TORONTO, ONTARIO
DATE OF HEARING:
March 15, 2007
REASONS FOR OF
THE COURT BY: (NADON,
SHARLOW & MALONE JJ.A.)
DELIVERED FROM THE
BENCH BY: SHARLOW
J.A.
APPEARANCES:
J. Douglas
Wilson
Pauline
Bosman FOR
THE APPELLANTS
Richard
Uditski
FOR
THE RESPONDENT
SOLICITORS OF RECORD:
Ridout & Maybee
FOR THE APPELLANT
Barristers & Solicitors
Toronto, Ontario
McMillan Binch
Mendelsohn
Barristers &
Solicitors FOR THE RESPONDENTS
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