M.M. International Business Directories Ltd. v. International Business Index, docket T-1049-00

Date: 20001003

Docket: T-1049-00

PRESENT:      ROTHSTEIN J. (ex officio)

BETWEEN:

     M.M. INTERNATIONAL BUSINESS DIRECTORIES LTD.

     - and -

     174440 CANADA INC.

     Plaintiffs

     - and -

     INTERNATIONAL BUSINESS INDEX

     - and -

     DINH-HUNG (SIMON) DUONG

     - and -

     VINECAN TECHNOLOGIES INC.

     - and -

     3682099 CANADA INC.

     - and -

     365823 CANADA INC.

     Defendants jointly and severally

     REASONS FOR ORDER

ROTHSTEIN J. (ex officio)

[1]      The parties have been unable to agree on costs arising from Anton Piller and interlocutory proceedings culminating in this Court's order of August 22, 2000 vacating the Anton Piller order issued June 20, 2000 and dismissing the interlocutory injunction application of the plaintiffs.

[2]      Although the Winnipeg and Montreal defendants ask for solicitor and client counsel fees, each in the approximate amount of $65,000, the conduct of the plaintiffs is not reprehensible, scandalous or outrageous such that an award of solicitor and client costs is merited. However, that is not to say that the plaintiffs' conduct left nothing to be desired. The tariff provides a guideline for an award of costs that takes account of the circumstances but does not rise to the solicitor and client level.

[3]      Insofar as the Winnipeg defendants are concerned, a counsel fee under column III would approximate $25,000 and under column V $44,000. The Winnipeg defendants are awarded a lump sum counsel fee of $35,000. However, from this sum should be deducted $2,000 for counsel fees already accounted for under a previous costs award.

[4]      The Montreal defendants did not submit a bill of costs according to the tariff but I am satisfied in the circumstances, having regard to the similarity of services rendered by counsel for the Montreal and Winnipeg defendants that with a few adjustments, the Winnipeg defendants' bill of costs is a useful guide for determining the counsel fee to be awarded to the Montreal defendants. The Montreal defendants are awarded a lump sum counsel fee in the amount of $30,000.

[5]      The Winnipeg defendants are awarded disbursements of $6,114.96. The Montreal defendants are awarded disbursements of $1,925.63.

[6]      The Winnipeg defendants are entitled to GST on the total amount of costs awarded, less GST attributable to the $2,000 deducted for costs already awarded.

[7]      The Montreal defendants shall be entitled to GST and QST on the total amount of costs awarded.

     "Marshall Rothstein"

     Judge