Date: 20060322
Docket: T- 981-05
Citation: 2006 FC 371
Action in rem against the Ship F.V. "MISS SHAUNTELLE",
and in personam against the OWNERS, CHARTERS,
AND ALL OTHERS INTERESTED IN THE SHIP
"MISS SHAUNTELLE"
BETWEEN: ROYAL BANK OF CANADA
Plaintiff
and
THE SHIP F.V. "MISS SHAUNTELLE", ITS OWNER,
THOMAS HECTOR SMITH, AND ALL OTHERS
INTERESTED IN THE SHIP F.V. "MISS SHAUNTELLE"
Defendants
ASSESSMENT OF COSTS - REASONS
Willa Doyle
Assessment Officer
[1] On August 4, 2005 the Plaintiff (Royal Bank of Canada) filed an ex parte motion to be dealt with by the Court in writing for default judgment as against the Defendant Vessel "Miss Shauntelle" pursuant to Rule 210 of the Federal Court Rules. The Honourable Mr. Justice von Finckenstein dealt with the matter and issued an Order on August 17, 2005 granting "judgment for the Plaintiff, Royal Bank of Canada, against the Defendant Vessel
" Miss Shauntelle" (the "Vessel") for the amount of $70,748.04, plus interest from April 20, 2005 and costs, such interest and costs to be assessed upon further application to the Court."
[2] Subsequently, the Plaintiff filed two additional motions and each was granted; one by the October 7, 2005 Order of the Honourable Mr. Justice von Finckenstein, the other by the December 23, 2005 Order of Madam Prothonotary Aronovitch.
[3] On February 28, 2006 Kimberley A. Walsh, counsel for the Plaintiff filed one Bill of Costs relating to these Orders. The Bill of Costs was filed with Federal Court in Fredericton together with a request that the Bill of Costs be dealt with by way of written submissions. I issued a timetable for submissions, supporting materials, reply and rebuttal. The Plaintiff provided proof that the Bill of Costs had been served.
[4] The Defendant did not file any materials in response to the Plaintiff's documentation. Based on the three detailed Orders of the Court and the Bill of Costs advancing those claims being generally arguable and within reasonable parameters of the Federal Courts Rules Tariff limits and supported by the February 24, 2006 affidavit of Kimberley A. Walsh with exhibits, I am prepared to allow the Bill of Costs as presented with two exceptions.
[5] The first exception is in regard to the request for seven units for an item 4 assessable service listed as "preparation and filing of motion, affidavits (2), notice of motion, and Order for payment out of Court of the proceeds of the sale of the Vessel". Upon examination of the Federal Courts RulesTariff B, it is noted that the allowable scope of number of units for this item is two -four. This item is accordingly reduced to four units.
[6] The second exception is in regard to the request for four units for a claim under item 26 "assessment of costs". Since the assessment was uncontested this item is accordingly reduced to two units. The Plaintiff's Bill of Costs presented at $8,462.24 is assessed and allowed in the amount of $7,772.24.
" Willa Doyle"
Willa Doyle
Assessment Officer
Fredericton, New Brunswick
March 22, 2006
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-981-05
STYLE OF CAUSE: ROYAL BANK OF CANADAand THE SHIP F.V.
"MISS SHAUNTELLE", ITS OWNER,
THOMAS HECTOR SMITH, AND ALL OTHERS
INTERESTED IN THE SHIP
F.V. "MISS SHAUNTELLE"
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS REASONS BY:
Willa Doyle, Assessment Officer
DATED: March 22, 2006
WRITTEN REPRESENTATIONS BY:
Kimberley Walsh FOR THE PLAINTIFF
SOLICITORS OF RECORD:
McInnes Cooper FOR THE PLAINTIFF
St. John's, NL
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