Redpath Industries Ltd. v. Federal Calumet ( The )
T-1051-90
Rothstein J.
18/10/93
5 pp.
Motions by counsel for plaintiff and defendant requesting costs on behalf of respective clients-Various offers of settlement exchanged between parties in 1990-At trial, plaintiff awarded damages in amount of $127,392.13 plus interest, totalling $190,660.83 as compared to $167,000 paid into court by defendant-Plaintiff successful in obtaining judgment for damages-Defendant also successful in convincing Court damages should be mitigated more substantially-Success divided-Verbal offer of $300,000 made by defendant to plaintiff in 1990 should not be taken into account as R. 344(3)(g) expressly refers to "any offer of settlement made in writing"-Defendant's written offer of settlement and payment into Court less than plaintiff recovered, should not be taken into account in assessment of costs-In view of divided success, each party should assume own costs-No award of costs-Federal Court Rules, C.R.C., c. 663, R. 344.