Date: 20040803
Docket: T-2556-97
Citation: 2004 FC 1056
BETWEEN:
MAYFLOWER TRANSIT, INC.
Plaintiff
(Defendant by Counterclaim)
and
BEDWELL MANAGEMENT SYSTEMS INC.,
MAYFLOWER MOVING SYSTEMS INC.,
JAMES R. BEDWELL
Defendants
(Plaintiffs by Counterclaim)
ASSESSMENT OF COSTS - REASONS
PAUL G.C. ROBINSON
ASSESSMENT OFFICER
[1] This assessment of costs is pursuant to the order of the Court rendered August 1, 2003, relating to a show cause hearing heard on July 22, 2002, and the contempt hearing of October 7, 2002. Paragraph 4 of this decision ordered the Defendants to jointly and severally pay to the Plaintiff its reasonable costs, the costs to be assessed on a solicitor-client basis and are to be paid within nine months of the assessment of such costs.
[2] After receiving a request for an assessment appointment, a letter was issued setting a timetable for written submissions. The Defendants did not respond, within the time frames allowed, to the Plaintiff's's Bill of Costs and to the supporting material presented for assessment. The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and not participating, benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant's advocate in challenging given items in a Bill of Costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of a judgment and tariff. I examined each item in the Bill of Costs and the supporting materials within those parameters.
[3] The Plaintiff's Bill of Costs, presented at $17,997.04, is assessed and allowed at $17,997.04 with interest thereon pursuant to the Federal Courts Act, s.37(1) and the Ontario Courts of Justice Act, ss.129-130 (s.127 prescribes the applicable rates).
"Paul Robinson"
Paul G.C. Robinson
Assessment Officer
Toronto, Ontario
August 3rd, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2556-97
STYLE OF CAUSE: MAYFLOWER TRANSIT, INC.
and
BEDWELL MANAGEMENT SYSTEMS INC.,
MAYFLOWER MOVING SYSTEMS INC., and
JAMES R. BEDWELL
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS
REASONS BY: PAUL G.C. ROBINSON
DATED: AUGUST 3, 2004
SOLICITORS OF RECORD:
Andrea E. Kokonis
Fasken Martineau Dumoulin LLP
Toronto, Ontario For the Plaintiff
FEDERAL COURT
Date: 20040803
Docket: T-2556-97
BETWEEN:
MAYFLOWER TRANSIT INC.
Plaintiff
and
BEDWELL MANAGEMENT SYSTEMS INC.,
MAYFLOWER MOVING SYSTEMS INC., and
JAMES R. BEDWELL
Defendants
ASSESSMENT OF COSTS - REASONS
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