Date: 1998219
Docket: T-2587-95
BETWEEN:
WILLIAM BRUCE MCFARLANE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
TAXATION OF COSTS - REASONS
FRANCOIS PILON, TAXING OFFICER
This is a taxation on a party-and -party basis of the Defendant's costs of this action.
These proceedings were commenced by way of a Statement of Claim filed on December 8, 1995. The Defendant's application for summary judgment was granted by Order of the Court on November 17, 1997.
Ms. Sandra MacPherson-Duncan, who is acting on behalf of the Defendant, filed a Bill of Costs on December 17, 1997 and requested that costs be assessed on the basis of written submissions, without the personal appearance of parties. The plaintiff is a lay litigant who represented himself throughout the proceedings. The Bill of Costs was served on the plaintiff on December 11, 1997 and proof of service was filed with the Court.
On December 18, 1997 the Registry wrote to the parties inviting written representations from both sides and setting out time frames for the filing of their responses. Having received no written material from either party I now proceed with the taxation of the Defendant's costs.
I have carefully reviewed the list of items claimed by counsel for the Defendant in accordance with the provisions of Rule 346(1) prior to exercising my discretion to allow, refuse or reduce a claim.
Pleadings and Discovery.
Items 2, 7, 8 and 9 relate to pleadings and discovery. These are allowed as presented.
Preparation and filing of contested motions.
1. Plaintiff's motion filed on March 7, 1996 (document #7) was dismissed with costs in the cause. The request for 3 units is allowed;
2. Plaintiff's motion filed on August 6, 1996 (document #17) was dismissed with "costs in the cause for the Defendant". The request for 3 units is allowed;
3. Plaintiff's motion filed on August 6, 1996 (document #18) was granted on consent and costs were fixed at $300.00 to the Defendant;
4. Plaintiff's motion filed on March 6, 1997 (document #25) was dismissed with costs in the cause. The claim for 3 units is allowed;
5. Defendant's motion filed on March 10, 1997 (document #26) was dismissed with no mention of costs. Consequently, no unit is allowed.
6. Plaintiff's motion filed on April 1, 1997 (document #30) was dismissed with costs in the cause. The claim for 3 units is allowed.
7. Defendant's motion filed on November 4, 1997 (document #44) was granted with costs. Here counsel claims 4 units which I allow in view of the fact that this was an application for summary judgment and that parties had been requested by the Court to provide written representations.
Appearance on motions.
The compensation for this item is determined by the actual duration of the arguments in Court which is to be found in the Minutes of Hearing.
1. The arguments for the plaintiff's motion filed March 7, 1996 lasted 62 minutes. Counsel claimed 1 unit which translates into the amount of $103.33;
2. Plaintiff's motion (document #17) lasted 4 minutes. At the 1 unit level this translates into an allocation of $6.66;
3. Plaintiff's motion (document #18). Costs of this motion to the Defendant was fixed at $300.00. This amount has already been claimed under the previous heading of "preparation for motions";
4. Three (3) motions were heard by the Court on April 8, 1997; the Defendant's motion (document #26) was dismissed and NO costs were awarded. Plaintiff's motions (documents #25 and 30 respectively) lasted 1 hour and 45 minutes and were heard together and it is not possible to distinguish the exact duration of each. I therefore allow the amount of $175 for both motions.
5. Defendant's motion (document #44) lasted 20 minutes. The amount of $33.33 is allowed.
Other Services
The claim for 1 unit under item 12 is allowed, but not for the response to written discovery. In my view this last item is part of item 8 which was allowed above.
Services after Judgment
The claim for item 25 is allowed, but the 2 units claimed to tax costs (item 26) is refused because this taxation proceeded without the personal appearance of parties. The claim in the amount of $300.00 for additional costs assessed has already been allowed above for motion bearing document no. 18.
Disbursements
The items of disbursements for:
- services of documents
- Transcript from discovery
- quick law research
- binding charges
- printing charges
are all supported by invoices and are allowed in the amount of $752.35.
The claim in the amount of $30.00 for courier services is reduced to $25.50 to reflect the sum appearing on the invoice and the amount of $11.08 claimed for long distance telephone charges in reduced to $8.19 for the same reason.
Claims for postage and facsimile transmission are taxed off in the absence of any acceptable supporting evidence.
The claim in the amount of $146.15 for photocopy charges is taxed off for lack of explanation and evidence. The only reference made to this expense is found in an invoice from the Department of Justice to the Plaintiff. However, we do not know if the copies were made in-house nor if these were reasonably necessary for the conduct of the proceedings.
The final item is a claim in the amount of $152.76 representing the sales tax on the amount of $396.84 of taxable disbursements. I disallow this item because it is not clear from the material before me to which item of disbursement the tax applies.
The Defendant's Bill of Costs is assessed in the total amount of $4,254.36.
Francois Pilon
Taxing Officer
Halifax, Nova Scotia
February 19, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
COURT FILE NO.: T-2587-95
BETWEEN:
WILLIAM BRUCE MCFARLANE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
TAXATION IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
TAXATION OF COSTS -REASONS BY FRANCOIS PILON, TAXING OFFICER
DATE OF REASONS: February 19, 1998
BILL OF COSTS SUBMITTED BY: Ms. Sandra MacPherson-Duncan for the Defendant
SOLICITORS OF RECORD:
George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the Defendant
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