Date: 19980227
Docket: T-1105-96
BETWEEN:
| ELECTROLUX CORPORATION OF CANADA INC., |
Plaintiff,
CLAUDE BEAULIEU,
Defendant.
TAXATION OF COSTS - REASONS
JOHANNE PARENT, TAXING OFFICER:
[1] On February 25, 1998, Leanne Souquet attended before me to have the Plaintiff's bill of costs taxed. The Defendant Claude Beaulieu, acting on his own behalf, did not attend this hearing although duly served with the amended appointment.
[2] The statement of claim in this action was filed on May 13, 1996, immediately followed on May 14, 1996, by a motion on behalf of the Plaintiff for an interlocutory injunction. On August 23, 1996, the Court granted the motion for interlocutory injunction. That Court's order was followed in March 1997 by a notice of motion on behalf of the Plaintiff for the issuance of a Show Cause Order. On April 7, 1997, the Court issued a Show Cause Order against the Defendant Claude Beaulieu requiring him to appear before this Court on April 28, 1997. This hearing was postponed on consent to October 14, 1997.
[3] On October 14, 1997, the Court adjourned the hearing to October 20, 1997, the Defendant Claude Beaulieu failing to appear. The Court allowed the costs of the day to the Plaintiff on a solicitor-client basis payable upon taxation whatever the issue of the cause might be. It is to be noted that on October 14,1997, the Plaintiff's solicitors were ready to proceed with their witnesses.
[4] On October 20, 1997, with solicitors for both parties present, the Court adjourned the appearance of the Defendant to November 3, 1997. The costs of the day were allowed against the Defendant on a solicitor-client basis payable upon taxation.
[5] On November 3, 1997, the Court was presented two motions; one from the Defendant's solicitor to cease representing his client Claude Beaulieu and one concerning the appearance of Defendant pursuant to the Show Cause Order. The first motion was granted. Again, the motion regarding the Defendant's appearance was adjourned to November 24, 1997, this time peremptorily. Costs of the day were awarded against the Defendant on a solicitor-client basis.
[6] The Defendant Claude Beaulieu finally appeared before the Court on November 24, 1997, and Mr. Justice Rouleau found him guilty of contempt of Court.
[7] The Plaintiff appeared before me for the taxation of costs in relation to the appearances in Court of October 14, October 20 and November 3, 1997. As mentioned above, costs were awarded by the Court to the Plaintiff, on each occasion, on a solicitor-client basis.
[8] Taxation on a solicitor-client basis permits full indemnification to the successful party when the amounts claimed in the bill of costs are fair and reasonable. In the case at bar, I am of the opinion that the amount of $1,635.00 requested in the Plaintiff's bill of costs for preparation and attendance before the Court is reasonable considering the multiple steps taken by the Plaintiff in order to have the Defendant Claude Beaulieu appear before the Court.
[9] The Plaintiff's bill of costs also includes disbursements for the following items:
| - Taxis utilized by the witnesses on October 14, 1997 |
|
$81.00
|
| |
|
| - Taxis utilized by the Plaintiff's solicitors for the three appearances in Court |
| ($12.00 + $11.50 + $11.00) |
|
$34.50
|
| - Bailiffs' fees for service of Order and subpoena |
|
$283.84
|
[10] Again considering the necessity for the Plaintiff's solicitor to appear before this Court on three separate occasions for the Show Cause to be heard, I find reasonable to allow the amount requested for their transportation by taxis ($34.50).
[11] The taxis utilized by the two witnesses to attend before the Court on October 14, 1997, are also reasonable fees even though they did not have to testify on that day ($81.00).
[12] Regarding the Bailiffs's fees, they were supported by two different affidavits of service. The first affidavit of service (exhibit JG-5) confirms the amount of $127.32. However, the affidavit for the service of the subpoena (exhibit JG-8) indicated a charge of $148.52 instead of the $156.52 claimed in the bill of costs. I allow the disbursements for the Bailiffs' fees minus $8.00 for a total of $275.84.
[13] The Plaintiff's costs are taxed and allowed in the amount of $2,026.34. A certificate will be issued accordingly.
JOHANNE PARENT
TAXING OFFICER
MONTREAL (QUEBEC)
February 27, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-1105-96
| BETWEEN: ELECTROLUX CORPORATION OF CANADA INC., |
Plaintiff,
CLAUDE BEAULIEU,
Defendants.
| PLACE OF TAXATION: Montreal (Quebec) |
| DATE OF TAXATION: February 25, 1998 |
REASONS FOR TAXATION BY: J. Parent
APPEARANCE:
| Mrs. Leanne Souquet for the Plaintiff |
SOLICITORS OF RECORD:
| Ogilvy Renault for the Plaintiff |
Montreal, Quebec
| Claude Beaulieu Defendant |
190 Somerset
Dollard-des-Ormeaux, Quebec
FEDERAL COURT OF TRIAL
Date: 19980227
Docket: T-1105-96
BETWEEN:
ELECTROLUX CORPORATION OF CANADA INC.,
Plaintiff,
AND:
CLAUDE BEAULIEU,
Defendant.
TAXATION OF COSTS - REASONS
FEDERAL COURT OF TRIAL
Date: 19980227
Docket: T-1105-96
BETWEEN:
ELECTROLUX CORPORATION OF CANADA INC.,
Plaintiff,
AND:
CLAUDE BEAULIEU,
Defendant.
CERTIFICATE OF TAXATION
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