Royal St. Lawrence Yacht Club v. Lumac 1 (Ship), 2006 FC 149

Date: 20060207

Docket: T-206-05

Citation: 2006 FC 149

ADMIRALTY ACTION IN REM AND IN PERSONAM

SIMPLIFIED ACTION

Between:

THE ROYAL ST.LAWRENCE YACHT CLUB

Plaintiff

AND

THE SHIP "LUMAC 1"

and

THE OWNERS AND ALL OTHERS

INTERESTED IN THE SHIP "LUMAC 1"

and

3030 CANAM COMPREHENSIVE REAL

ESTATE SERVICES CORPORATION

and

LARRY MACHALE

Defendants

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                Pursuant to the default judgment rendered on November 16, 2005, the plaintiff's bill of costs was presented on November 28, 2005 for assessment in writing.

[2]                After reviewing the proceedings in the record, the fees are awarded in the amount of $2,460 for the following items of Tariff B: 1 (7 units), 4 (10 units/3 motions), 6 (3 units/hour X 15 min. each motion X 2 motions) and 26 (2 units). I allow 2 units under item 26 because the assessment is not contested. Given that the unit value was readjusted on April 1, 2005 pursuant to subsection 4(1) of the Tariff, I have made the necessary adjustments in calculating the amount of fees.

[3]                The disbursements, totaling $858.23, are awarded as claimed. According to the evidence submitted, they were necessary to the proper conduct of this case.

[4]                The plaintiff's costs are taxed in the amount of $3,318.23. A certificate is issued for that amount.

DATED AT MONTREAL THIS 7TH DAY OF FEBRUARY 2006.

FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                           T-206-05

STYLE OF CAUSE:

ADMIRALTY ACTION IN REM AND IN PERSONAM

SIMPLIFIED ACTION

Between:

THE ROYAL ST.LAWRENCE YACHT CLUB

Plaintiff

AND

THE SHIP "LUMAC 1"

and

THE OWNERS AND ALL OTHERS

INTERESTED IN THE SHIP "LUMAC 1"

and

3030 CANAM COMPREHENSIVE REAL

ESTATE SERVICES CORPORATION

and

LARRY MACHALE

Defendants

ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                   Montreal, Quebec

ASSESSMENT OF COSTS -

REASONS BY:                                   MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                      FEBRUARY 7, 2006

SOLICITORS OF RECORD :

De Man Pilotte

Montréal, Québec                                                                     for the Plaintiff