Diabo v. Marquis, docket T-1494-97

Date: 19981215

Docket: T-1494-97

BETWEEN:

     RICHARD DIABO

     LESLIE DIABO

     BERNICE (DIABO) MONTOUR

     Plaintiffs

     AND:

     EILEEN (DIABO) MARQUIS

     Defendant

     ASSESSMENT OF COSTS - REASONS

M. LAMY,

ASSESSMENT OFFICER

[1]      On October 21, 1998, Mr. Justice Nadon heard the following motions:

-      the Plaintiffs' motion for interim and interlocutory injunction;

-      the Defendant's motion to have the pleadings of the Plaintiffs quashed; and

-      the Defendant's motion to have objections from examinations on discovery adjudicated upon.

[2]      After arguments on the Defendant's motion to have the Plaintiffs' pleadings struck, counsel for the Plaintiffs informed the Court that he was prepared to abandon his injunction proceedings commenced in July 1997. As a result, Mr. Justice Nadon ordered that costs be paid to the Defendant within 60 days. Furthermore, the Court did not dispose of the Defendant's motion to have the Plaintiffs' pleadings struck, but directed that the Defendant shall be entitled to its costs of this motion. Mr. Justice Nadon also ruled that the other Defendant's motion need not to be decided and ordered no costs to the Defendant on the latter.

[3]      On November 9, 1998, an appointment was issued to have the Defendant's costs assessed on December 3. On that day, Mr. Philip Aspler, counsel for the Defendant, and Mr. Nader Khalil, representing the Plaintiffs, appeared before me for the taxation of the Defendant's bill of costs amounting to $13,276.24.

[4]      At hearing, Mr. Aspler amended his bill of costs to claim the next items of Tariff B:

Items	Services	Column III/ Number of Units	Amounts Claimed
5	Preparation and filing of Defendant's motion to have objections adjudicated upon (Motion no. 1)	4	$400.00
5	Preparation and filing of Defendant's motion to struck (Motion no. 2)	7	700.00
6	Appearance on Plaintiffs' motion for injunction - July 14, 1997	3	300.00
6	Appearance on Defendant's motion no. 1 - August 11, 1997	2	200.00
6	Appearance on Plaintiffs' motion for injunction - October 6, 1997	1	100.00
6	Appearance on Plaintiffs' motion for injunction - October 21, 1998	2	200.00
6	Conference call with Justice Nadon on October 22, 1998, regarding Plaintiffs' motion for injunction	2	200.00
8	Preparation for the examinations of Plaintiffs Richard Diabo, Leslie Diabo, Bernice Diabo	5	1,500.00
9	Attendance at examinations of Richard Diabo, Leslie Diabo, Bernice Diabo - July 21, 1997 (4.25 hours)	2	850.00
9	Attendance at examinations of Cecilia Stacey, Georgina White Beauvais, Mavis Montour Monick, Marla Marquis re: Defendant's motion no. 2 September 24, 1998 (4 hours)	2	800.00
9	Attendance and examination of Alicia Marquis Rice on September 28, 1998 Re: Defendant's motion no. 2 (2 hours)	2	400.00
26	Assessment of costs	4	$400.00

[5]      Since the Court chose not to decide of the Defendant's motion to have objections from examinations on discovery adjudicated upon, all costs claimed under items 5 and 6 in relation to this motion are refused.

[6]      All other claims under items 5, 6, 9 and 26 are assessed as amended. Considering the amount of work, the number of units requested by Mr. Aspler is reasonable.

[7]      On the other hand, I reduce the maximum number of units under item 8 for the preparation of each examination to 3 units. Mr. Aspler spent 9 hours to prepare for these examinations but in assessing I took into account that the 3 affiants were examined on the same facts.

[8]      The Defendant's fees are allowed at $4,900.00, i.e. $5,636.23 including GST and QST.

[9]      The disbursements incurred by the Defendant are as follows:

Photocopies Taxis Bailiff costs Stenographic fees

$540.10      31.30      182.36 (including taxes)      $888.96 (including taxes)

[10]      At hearing, Mr. Aspler reduced his claim for photocopies to $93.76.

[11]      The expenses made for taxis are not allowed as they should be considered as operating expenses. Stenographic fees incurred in connexion with Plaintiffs' motion and Defendant's motion to quash are taxed as requested.

[12]      Bailiff costs are allowed, except for the expenses made in relation with the Defendant's motion to have objections from examinations adjudicated upon ($46.72) and transcriptions of examinations (3 x $6.84) served in support of this application.

[13]      The Defendant's disbursements incurred in these proceedings are assessed at $1,097.84 including taxes.

[14]      The Defendant's bill of costs is taxed at $6,734.07. A certificate is issued for that amount.

    

     MICHELLE LAMY

     ASSESSMENT OFFICER

MONTREAL (QUEBEC)

December 15, 1998

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NUMBER: T-1494-97

STYLE OF CAUSE:      RICHARD DIABO

LESLIE DIABO

BERNICE (DIABO) MONTOUR

Plaintiffs

AND:

EILEEN (DIABO) MARQUIS

     Defendant

PLACE OF HEARING:              Montreal (Quebec)

DATE OF HEARING:              December 3, 1998

ASSESSMENT OF COSTS - REASONS: MICHELLE LAMY,

ASSESSMENT OFFICER

DATED:                      December 15, 1998

APPEARANCES:             

Mr. Nader Khalil              for the Plaintiffs

Mr. Philip Aspler              for the Defendant

SOLICITORS OF RECORD:     

PEPPER ET ASSOCIÉS          for the Plaintiffs

Montreal, Quebec

ASPLER BERNIER              for the Defendant

Westmount, Quebec

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

Date: 19981215

Docket: T-1494-97

BETWEEN:

RICHARD DIABO

LESLIE DIABO

BERNICE (DIABO) MONTOUR

     Plaintiffs

AND:

EILEEN (DIABO) MARQUIS

     Defendant

    

     ASSESSMENT OF COSTS - REASONS

    

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

Date: 19981215

Docket: T-1494-97

BETWEEN:

RICHARD DIABO

LESLIE DIABO

BERNICE (DIABO) MONTOUR

     Plaintiffs

AND:

EILEEN (DIABO) MARQUIS

     Defendant

    

     CERTIFICATE OF ASSESSMENT OF COSTS