Date: 20091022
Docket: T-982-08
Citation: 2009 FC 1076
BETWEEN:
TOP RANK INC.
Plaintiff
and
CLUNCROW HOLDINS LTD
carrying on business under the firm name and style of
DOC MALONE’S PUB & TAVERN, SARAH PINKNEY, 1558871 ONTARIO INC,
carrying on business under the firm name and style of
LOCKEROOM ON CUNDLES SPORTS BAR & GRILL, DANA PARRIS, TRENT SPORTS BARS INC,
carrying on business under the firm name and style of
CHAMPS, CHARLES RUSSELLE, FRANKFURTERS INC,
carrying on business under the firm name and style of
THE PENALTY BOX, JONATHAN ARIEL, WARREN MASON,
SIMON HADDAD BOWLING LTD
carrying on business under the firm name and style of
STEEL CITY SPORTS BAR, CHRIS HADDAD, ROCKY’S SPORTS BAR INC,
carrying on business under the firm name and style of
ROCKY’S SPORTS BAR, SAVERIO ROCCA, JACQUELINE ROCCA, 2045428 ONTARIO INC,
carrying on business under the firm name and style of
P.M. TORONTO, MANOLIS MAKRIS, 101016565 SASKATCHEWAN LTD
carrying on business under the firm name and style of
SPARKY’S DINER, DEREK LEUNG, BAR‑SALON 447 INC,
carrying on business under the firm name and style of
BAR LE 447, GESTION HENRI BEAULIEU INC, HENRI BEAULIEU, 9009‑1885 QUEBEC INC,
carrying on business under the firm name and style of
BAR ST. JOSEF, HENRI BEAULIEU, 9175-7062 QUEBEC INC,
carrying on business under the firm name and style of
LONDON PUB, OLIVER OUSSET, 9015-3875 QUEBEC INC,
carrying on business under the firm name and style of
SPORALIE PRO BILLARD, BERNARD TOUSIGNANT, YVES ROBERGE,
JOHN DOE #1 carrying on business under the firm name and style of QUINSAM HOTEL, JOHN DOE #2 carrying on business under the firm name and style of CREEKSIDE PUB, JOHN DOE #3 carrying on business under the firm name and style of
BREAKER AND BILLARD,
JOHN DOE #4 carrying on business under the firm name and style of 12:30 BAR
and JOHN DOE #5 carrying on business under the firm name and style of
2001 SPORTS BAR
Respondents
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1]On July 15, 2009, the Court made an order dismissing the action with costs for Respondents 9015-3875 QUEBEC INC., Bernard Tousignant and Yves Roberge.
[2]On July 24, 2009, the Respondents’ attorney filed the bill of costs and requested that it be assessed without a personal appearance by the parties. On August 12, 2009, letters were sent to the parties setting a timeline for filing written submissions. Having received no written submissions to date, I am now prepared to proceed with the assessment on the basis of the documentation on record.
[3]The Respondents’ lawyer’s fees to be assessed are allocated in the amount of $2,164.38 ($1,917.50 + $95.88 5% GST + $151 7.5% QST). I have allocated the following items for the fees to be assessed: item 2 – preparation and filing of the Defence (7 units), item 4 – preparation and filing of an uncontested motion (motion for dismissal of action) (4 units), item 6 – appearance at the motion for dismissal of action (3 units x 15 minutes), item 25 – services after judgement (1 unit) and item 26 - assessment of costs (2 units).
[4]Item 6 – appearance at the motion for dismissal of action was allocated only for the motion length as per the hearing summary from 9:30 to 9:45 a.m., i.e. 15 minutes. Item 26 – assessment of costs was allocated at only 2 units because the assessment is simple and uncontested. Also, the Quebec sales tax (QST) was allocated at 7.5% according to the current rate.
[5]The outlay for the fees for photocopying and binding the copies of the motion for dismissal of action in the amount of $22.60 and the fees for serving the motion for dismissal of action via messaging service in the amount of $20.90, the adjusted total of which is $43.50, seem reasonable to me given that the evidence for them is given by affidavit.
MONTREAL (QUEBEC)
October 22, 2009
“Diane Perrier”
DIANE PERRIER
ASSESSMENT OFFICER
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-982-08
STYLE OF CAUSE: TOP RANK INC. v. CLUNCROW HOLDINS LTD ET AL
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
PLACE OF ASSESSMENT: Montreal, Quebec
REASONS BY DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: October 22, 2009
NAMES OF COUNSEL AND SOLICITORS OF RECORD:
| Engelking Wood
Edmonton (Alberta)
|
FOR THE APPLICANT
|
| Boily Morency Roy
Quebec City (Quebec)
|
FOR THE RESPONDENTS 9015-3875 Québec Inc., Bernard Tousignant and Yves Roberge
|
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