Jaguar Cars Limited v. Remo Imports Ltd.

Jaguar Cars Limited v. Remo Imports Ltd.
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-03-15
Neutral citation
2007 FCA 122
File numbers
A-270-06
Decision Content
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[2] At the commencement of trial, the settlement offer made by the Appellants on May 6, 1997 had not been expressly withdrawn or revoked.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”
J.A.
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