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ARTICLE · 18 OCTOBER 2018

Re-Serve Your Formal Offer If You Want Double Costs

CLC (Canadian Litigation Counsel)
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In Rockyview Enterprises v Starline Windows, et al, (1601-03526) Justice Romaine dismissed the Plaintiff's appeal of Master Farrington's decision to summarily dismiss the claims against the Defendants, but refused to award double costs because the formal offer had not been re-served.

CanadaLitigation, Mediation & Arbitration
Nabeel Peermohamed (Brownlee LLP)
Nabeel Peermohamed (Brownlee LLP)

In Rockyview Enterprises v Starline Windows, et al, (1601-03526) Justice Romaine dismissed the Plaintiff's appeal of Master Farrington's decision to summarily dismiss the claims against the Defendants, but refused to award double costs because the formal offer had not been re-served.

Starline Windows manufactured and supplied windows for a condominium project in Calgary. The windows were glazed with an environmentally-friendly protective coating called E-Shield (distributed by Eco Coat). E-Shield protected the windows from debris during the construction process. After construction was completed, the glazing could be removed with the application of a dissolving solution and running water.

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