MARITIME LAW
Practice
Plaintiff performed repair, maintenance work on ship Bruno Gerussi in amount of $2,237.50—Seeking judgment in default of defence against 564460 British Columbia Ltd., ship Bruno Gerussi—Plaintiff overlooked mandatory nature of r. 479(1) governing service of statements of claim on ships—Claimed interest, in affidavit in support of motion, at 12 ½ percent—Court awarding pre-judgment interest at rate on monies paid into Federal Court—Interest at compound rate discretionary, with burden upon successful plaintiff to establish compound interest necessary to restore him to fully compensated position in admiralty matter—Plaintiff requiring pre-judgment interest at 3.6 percent, compounded semi-annually, to be appropriately compensated—As to costs, plaintiff, acting for himself, claimed lump sum of $500—Generally party acting for himself not eligible to receive counsel fees, being costs referred to in r. 400—No affidavit material by way of justification for lump sum of $500 for court costs claimed by plaintiff, rather assertion in written argument—Appropriate award of costs, including disbursements, $300—Federal Court Rules, 1998, SOR/98-106, rr. 400, 479.
Coath v. Bruno Gerussi (The) (T-134-02, 2002 FCT 385, Hargrave P., order dated 5/4/02, 6 pp.)