Superintendant of Bankruptcy v. Pfeiffer, 2008 FC 1019

 

 

Date: 20080910

Docket: T-364-07

Citation: 2008 FC 1019

BETWEEN:

SUPERINTENDANT OF BANKRUPTCY

and

ATTORNEY GENERAL OF CANADA

Moving Parties

and

 

SYDNEY H. PFEIFFER

and

PFEIFFER & PFEIFFER INC.

Respondents

 

ASSESSMENT OF COSTS – REASONS

 

DIANE PERRIER, ASSESSMENT OFFICER

 

[1]               On April 23, 2007, the Court ruled with costs against the respondents and allowed the motion of the moving parties for the enforcement of an order of a federal board, commission or other tribunal dated July 13, 2005, under Part 12 of the Federal Courts Rules. 

                                                                                                              

[2]               On May 18, 2007, counsel for the moving parties submitted a bill of costs with a supporting affidavit and requested that the assessment be made without the appearance of the parties.

 

[3]       On June 5, 2008, we sent letters to the parties establishing a timetable. To date, we have received no written submissions from the parties contesting the bill of costs and therefore I am now prepared to assess costs according to the documentation on the record.

 

[4]       The fees to be assessed are allowed in the amount of $1,204.80. I allowed the following fees: item 5 – preparation and filing of a contested motion (6 units), item 6 – appearance on a motion, for each hour (0.52 x 2 units), item 25 – services after judgment not otherwise specified and item 26 – assessment of costs (2 units). I adjusted item 6 because, according to the Court record of April 23, 2007, the hearing began at 9:55 am and ended at 10:26 am, that is, 31 minutes rather than the 15 minutes claimed.

 

[5]       Disbursements are allowed in the amount of $652.50. All disbursements are allowed except for travel costs because no Court order allowed travel costs for a second counsel. Therefore, I allowed printing costs and costs of bailiff services because the evidence was established by affidavit and the expenses seem reasonable to me. I allowed only one travel cost, that is, for Stéphanie Dion. However, I modified the number of kilometres between Montréal and Ottawa to 200 km x $0.51= $102, which appears to me to be more reasonable considering the distance between Ottawa and Montréal. Therefore, disbursements for the travel costs of one counsel are allowed in the amount of $352.67.

 

[6]       The bill of costs submitted in the amount of $2,284.17 is allowed in the amount of $1,857.30. A certificate of assessment will be issued for this amount.

 

MONTRÉAL, QUEBEC

September 10, 2008

 

“Diane Perrier”

Certified true translation

Susan Deichert, Reviser
                                                             FEDERAL COURT

                                                                             

                                                      SOLICITORS OF RECORD

 

DOCKET:                              T-364-07

 

 

Between:

 

SUPERINTENDANT OF BANKRUPTCY

and

ATTORNEY GENERAL OF CANADA

 Moving Parties

and

 

SYDNEY H. PFEIFFER

and

PFEIFFER & PFEIFFER INC.

Respondents

 

ASSESSMENT OF COSTS IN WRITING

 

REASONS BY:                     DIANE PERRIER, ASSESSMENT OFFICER

 

DATED:                                 September 10, 2008

 

 

SOLICITORS OF RECORD:

 

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       FOR THE MOVING PARTIES

 

Spiegel Sohmer

Montréal, Quebec                                                                    FOR THE RESPONDENTS