Date: 20021108
Docket: T-283-00
Neutral citation: 2002 FCT 1168
BETWEEN:
GOODMAN YACHTS LLC
Plaintiff
and
PENGUIN BOAT INTERNATIONAL LIMITED,
MARITIME CLAIMS & SERVICES PTE. LTD.,
RICHARD HOWE,
NEW RESOLUTION SHIPPING CORP.,
EGON OLDENDORFF,
and the Owners and all Others interested in
the Ship "GERTRUDE OLDENDORFF"
Defendants
[1] At issue is the entitlement of discovery witness, travelling long distances, here from Indian and the Orient to Vancouver, to business class air fare. I am unaware of any case law which provides a gloss on the Tariff A, 3(1) requirement that a witness be provided with reasonable travel expenses. Convention has it that they are entitled, across the board, to economy class air fare. This has generally been so regardless of time and distance of travel. This is perhaps in keeping with part of Rule 3, which requires the application of these rules so as to provide the least expensive determination of every procedure, but not necessarily in keeping with securing the required just result.
[2] The time is long past when one can say:
|
I travel not to go anywhere but to go. I travel for travel's sake. The greater affair is to move. |
Now Stevenson was travelling at a relaxed pace, by donkey and perhaps the greater affair was moving at all.
[3] The best that might be said of modern air travel is that one travels hopeful to arrive in timely manner and that being so, to arrive in not too unreasonable condition and that, in any event, hopeful the discomfort will not be too great.
[4] The length of a flight and the circumstances may mandate business class travel. To require a person to travel through many time zones and then to require that person, as a witness to get his or her act together, after minimal rest, is unreasonable. It does not allow the witness to properly represent his principal. Here, business class travel is in order.
[5] That business class air travel is reasonable between India and Singapore and Vancouver, does not mean that such a premium mode of travel is in order in all instances. Indeed, I hesitate to establish any fixed distance or time as a guide, after which economy class become unreasonable. However, litigants should keep in mind that in many instances business class air fare will be both reasonable and just.
(Sgd.) "John A. Hargrave"
Prothonotary
Vancouver, British Columbia
8 November 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
MATTER ARISING OUT OF CASE MANAGEMENT CONFERENCE
DOCKET: T-283-00
STYLE OF CAUSE: Goodman Yachts LLC v. Penguin Boat International Limited et al.
REASONS FOR ORDER OF: Hargrave P.
DATED: 8 November 2002
REPRESENTATIONS BY:
Roger Watts FOR PLAINTIFF
John W Bromley FOR DEFENDANTS Maritime Claims & Services Pte. Ltd. and Richard Howe
H Peter Swanson FOR DEFENDANT Egon Oldendorff
Chris Elsner FOR DEFENDANT New Resolution Shipping Corp.
Vincent M Prager FOR DEFENDANTS Penguin Boat International Limited
SOLICITORS ON THE RECORD:
McEwen, Schmitt & Co. FOR PLAINTIFF
Barristers & Solicitors
Vancouver, British Columbia
Bromley Chapelski FOR DEFENDANTS Maritime Barristers & Solicitors Claims & Services Pte. Ltd. and
Vancouver, British Columbia Richard Howe
Bernard & Partners FOR DEFENDANT Egon
Barristers & Solicitors Oldendorff
Vancouver, British Columbia
Bull Housser & Tupper FOR DEFENDANT New
Barristers & Solicitors Resolution Shipping Corp.
Vancouver, British Columbia
Stikeman Elliot FOR DEFENDANTS Penguin
Barristers & Solicitors Boat International Limited
Montréal, Québec