Overseas Express Consolidators (Montreal) Inc. v. Datawind Net Access Corporations, 2006 FC 250

Date: 20060223

Docket: T-1261-05

Citation: 2006 FC 250

ADMIRALTY ACTION IN PERSONAM

SIMPLIFIED ACTION

Between:

OVERSEAS EXPRESS

CONSOLIDATORS (MONTREAL) INC.

AND

COHESION FREIGHT WORLWIDE

Plaintiffs

AND

DATAWIND NET ACCESS CORPORATIONS

Defendant

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On September 23, 2005, the Court ordered that default judgment be rendered against the defendant in the amount of $ 6,439.46, the whole with costs. On October 31, 2005, I issued a timetable inviting Datawind Net Access Corporation to submit its written representations in opposition of this claim. As of this date, no submissions have been filed.

[2]                After reviewing the proceedings in the record, the plaintiffs' fees are awarded in the amount of $ 1,656.36 ($ 1,440 + GST/PST) for the following items of Tariff B: 1 (5 units), 4 (4 units), 25 (1 unit) and 26 (2 units). I have reduced the number of units under item 25 since this item is designed to compensate counsel for services rendered after judgment including the issuance of a writ of seizure and sale. Two (2) units are allowed for the assessment of costs as this proceeding was not contested.

[3]                The disbursements incurred in this matter are allowed in the amount of $ 473.47 for the following expenses: $ 50 for court fees paid under Tariff A, $ 201.77 ($ 175.41 plus GST/PST for bailiff fees), $ 18.70 ($ 18 plus GST for corporate search), $ 13 (faxes), $ 119.40 (laser printing), $ 40 (binding) and $ 30.60 (photocopying).

[4]                For these reasons, the plaintiffs' costs are assessed in the amount of $ 2,129.83. A certificate is issued for that amount.

DATED AT MONTREAL THIS 23RD DAY OF FEBRUARY 2006.

FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                           T-1261-05

STYLE OF CAUSE:

ADMIRALTY ACTION IN PERSONAM

SIMPLIFIED ACTION

Between:

OVERSEAS EXPRESS

CONSOLIDATORS (MONTREAL) INC.

AND

COHESION FREIGHT WORLWIDE

Plaintiffs

AND

DATAWIND NET ACCESS CORPORATIONS

Defendant

ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                   Montreal, Quebec

ASSESSMENT OF COSTS -

REASONS BY:                                   MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                      FEBRUARY 23, 2006

SOLICITORS OF RECORD :

Borden Ladner Gervais

Montreal, Quebec                                                                     for the Plaintiffs

Robinson Sheppard Shapiro

Montreal, Quebec                                                                     for Widecom Group Inc., opposant