3894975 Canada Inc. v. Artic Express Ltd., 2003 FC 823

Date: 20030703

Docket: T-229-03

Neutral citation: 2003FC823

BETWEEN:

3894975 CANADA INC., doing business as "N3 ALLIANCE"

                                                                                                                                                          Plaintiff

                                                                                 and

ARCTIC EXPRESS LTD.

    Defendant

ASSESSMENT OF COSTS

DIANE PERRIER, ASSESSMENT OFFICER

[1]                 On April 10, 2003, the Honourable Mr. Justice Rouleau allowed the Plaintiff's motion for default judgment, with costs. On April 25, 2003, Mr. Yann Duguay filed the Plaintiff's bill of costs and asked that it be assessed without personal appearance of the parties.

[2]                 Arctic Express Ltd., Defendant, was given until May 23, 2003 to serve and file written representations in response to the bill of costs. To date none have been received. The assessment will proceed on the basis of the documentation on file.

[3]                 Counsel for the Plaintiff is asking for the maximum number of units for the various applicable items of Tariff B. In the absence of representations from the Defendant these items are allowed as submitted with the exception of items 6 and 26. Item 6 - Appearance on a motion, per hour heard on April 10, 2003 is allowed but the duration of the motion was 2 minutes and the certificate of taxation will reflect this. Item 26 will be reduced from 5 to 2 units since the assessment of costs was not challenged.

[4]                 Counsel for the Plaintiff is also requesting fees payable under tariff A which will be allowed.

[5]                 The disbursements will be allowed with the exception of the postage and the travelling expenses (automobile). These disbursements will be disallowed being considered as in-house operation expenses. As for the facsimile charges, that disbursement will be allowed at 50% in view of the long distance calls paid per page.

[6]                 The plaintiff's costs are assessed in the amount of $ 1,909.76 which represents $1,775.61 ($1543.67 + taxes) for counsel fees, $50.00 for fees under Tariff A and $84.15 for disbursements. A certificate will be issued in the amount of $1,909.76.

________________________

DIANE PERRIER

       ASSESSMENT OFFICER

QUEBEC,QUEBEC

July 3, 2003

                                                                 FEDERAL COURT

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                             T-229-03

                   STYLE OF CAUSE:        3894975 CANADA INC., DOING BUSINESS AS "N3 ALLIANCE

                                                    Plaintiff

ARCTIC EXPRESS LTD.

                                                Defendant

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:            Québec, Quebec

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER    

DATED:                                                July 3, 2003

SOLICITORS OF RECORD: