Engine & Leasing Co. v. Atlantic Towing Ltd.
T-6197-81
Joyal J.
15/2/95
9 pp.
Application for review of taxing officer's decision to disallow part of bill of costs regarding security filed pending appeal on ground expense not considered step in appeal proceeding -- Court of Appeal reducing quantum of damages awarded at trial and awarding to defendant-appellant one-third of its taxable costs -- Issue whether cost of security filed pending appeal included in Court of Appeal's cost award -- Defendant submitting cost of security necessary to having appeal heard -- Plaintiff submitting posting of bond serving only to exempt defendant from obligation to pay judgment rendered at Trial Division -- Cost of security distinguished from costs incurred to cover expenses of having ship released, such bail forming part of taxable costs pursuant to R. 446 (Antares Shipping Corp. v. "Capricorn", [1977] 2 F.C. 274 (C.A.)), on ground security posted herein: (1) optional, i.e. security could have been paid in Court; and (2) not constituting step in proceedings as occurring after judgment rendered -- Cost of security not taxable as cost in Federal Court of Appeal -- Defendant's choice to go bond route instead of another option due to financial considerations irrelevant (Owners of [ho]"Chinook" v. Dagmar Salem, [1955] Ex. C.R. 210) -- Cost of security unrelated to appeal as: (1) posting of bond unnecessary but for executory judgment at trial level; and (2) Trial judgment final-Taxing officer not erring in disallowing costs associated with security -- Federal Court Rules, C.R.C., c. 663, R. 446.