McInnes Natural Fertilizers Inc. v. Bio-Lawncare Services Inc., 2005 FC 1082

Date: 20050809

Docket: T-937-03

Citation: 2005 FC 1082

Between:

LES ENGRAIS NATURELS McINNES INC./

McINNES NATURAL FERTILIZERS INC.

Plaintiff

AND

BIO-LAWNCARE SERVICES INC.

AND

MRL HORTICULTURAL SERVICES

AND

MITCHELL LEVINE

Defendants

ASSESSMENT OF COSTS BREASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On April 20, 2005, we proceeded with the assessment of costs following the judgment by default obtained by the plaintiff on July 22, 2004. This is now the assessment of costs for a motion for special mode of service granted by the Court on February 11, 2005.

[2]                On July 12, we sent a letter to the defendants by registered mail, requesting that they submit their written submissions. All of it was returned to us on August 8 marked "unclaimed". In the circumstances, I am prepared to proceed with the assessment based on the proceedings in the record.

[3]                The fees for this motion are set at $690.15 ($600+ taxes) for items 4 (3 units) and 26 (2 units). I award 2 units for the assessment because it was a very simple matter. The claim made under item 25 is denied: this item is used to compensate services rendered by counsel after the final judgment and not after an interlocutory injunction. As the value of the unit has been $120 since April 1, 2005, I took that into account in calculating the fees.

[4]                The disbursements of $170.71 incurred for photocopying and service fees are approved as claimed.

[5]                The plaintiff's costs for this motion are assessed and allowed in the amount of $860.86. A certificate is issued for that amount.

DATED AT MONTRÉAL, THE 9th DAY OF AUGUST 2005