Elders Grain Co. v. Ralph Misener (Ship), 2004 FC 1677

Date: 20041129

Docket: T-1836-90

Citation: 2004 FC 1677

BETWEEN:

                                           ELDERS GRAIN COMPANY LIMITED

and

CARLING O'KEEFE BREWERIES OF CANADA LIMITED

PLAINTIFFS

                                                                           and

THE VESSEL M/V RALPH MISENER AND THE OWNERS AND ALL

   OTHERS INTERESTED IN THE VESSEL M/V RALPH MISENER

and

                                                MISENER HOLDINGS LIMITED

and

MISENER SHIPPING

                                                                                                                                 DEFENDANTS

                                            ASSESSMENT OF COSTS - REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]                This action was dismissed on July 7, 2003 by Nadon J. On October 7, 2003, Nadon J. directed that the Defendants' bill of costs be taxed in accordance with the high side of Column IV of Part II of Tariff B.

[2]                The Defendants' bill of costs was filed on July 23, 2004. The Defendants requested that it be assessed without personal appearance of the parties. Each party filed their representations. I am now ready to proceed with the documentation on file.

[3]                Counsel fees are allowed in the amount of $130, 460. 00. Item 4 - 10 units claimed for the Ex parte motion on behalf of Defendants for the issuance of subpoenas to compel the appearance of witnesses is not allowed because the Order of Mr. Morneau dated March 11, 2002 is silent as to costs. Item 5 - 9 units claimed for the motion on behalf of Plaintiffs for an Order declaring that the service of the action in rem upon the Defendant constitutes proper service is not allowed because the Order of Mr. Morneau dated June 27, 1996 is silent as to costs. Parties are in agreement with item 9 (examination for discovery of Madam Oslund) it should be 5 hours and not 8 hours. As for item 24 (Travel by counsel to attend a trial, hearing, motion, examination or analogous procedure) I agree with Defendants' position that item 24 was granted by the Court in its order dated July 7, 2003.                                                                                                   

[4]                Disbursements are granted in the amount of $ 147, 498. 80. As for the witness Farrokh Kooka the amount of $ 2,250. 00 should be granted because as per Tariff A 3(3) witness can be paid an amount equal to the expense or any loss incurred by the witness in attending a proceeding. It is the same for the witness Donald Angel.

[5]                The Defendants'costs are assessed in the amount of $ 277, 958. 80. A certificate will be issued in the amount of $ 277, 958. 80.

DIANE PERRIER

ASSESSMENT OFFICER

QUEBEC, QUEBEC

NOVEMBER 29, 2004

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1836-90

STYLE OF CAUSE:                          ELDERS GRAIN COMPANY LIMITED

and

CARLING O'KEEFE BREWERIES OF CANADA LIMITED

and

THE VESSEL M/V RALPH MISENER

and

MISENER HOLDINGS LIMITED

and

MISENER SHIPPING

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:            Quebec

REASONS BY DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:                      November 29, 2004

SOLICITORS OF RECORD:

ROBINSON SHEPPARD SHAPIRO

Montreal (Quebec)                                                                    FOR PLAINTIFFS

LANGLOIS GAUDREAU O'CONNOR                                

Quebec (Quebec)                                                                      FOR DEFENDANTS