Date: 20010315
Docket: T-2390-98
Neutral reference: 2001 FCT 191
BETWEEN:
GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On December 12, 2000 the Court allowed the plaintiff's motion for a ruling on the objections raised by the defendants at an examination for discovery and ordered the latter to pay the costs of the motion pursuant to s. 401(2) of the Federal Court Rules, which provides:
Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith.
[2] Following that order the plaintiff on January 19, 2001 filed its bill of costs in the amount of $2,077.30, in which it asked for the maximum number of units allowed by items 5, 6 and 26 of column III of Tariff B, and disbursements of $236.90 for photocopying and service costs. The assessment took place on February 13, 2001 with Marc-André Huot as counsel for the plaintiff and Christian Ladouceur representing the defendant.
[3] Although the workload required to prepare and present the motion record was significant, I feel that the amount of costs allowed for that motion should be reasonable and should take into account all the expenses incurred in the case.
[4] With that in mind, I allow as fees the sum of $900 (+ $135.25 for taxes) broken down as follows: $500 (item 5), $100 (item 6, that is 2 units/hour x 30 minutes hearing time) and $300 (item 26).
[5] The sum of $210.45 is awarded for disbursements, being $176 for photocopying costs and $34.45 for service and filing of the motion record. In the latter case, service by bailiff was not necessary.
[6] The plaintiff's costs on the instant motion are assessed and allowed in the amount of $1,245.70. A certificate is issued for that amount.
(signed)
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
March 15, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010315
Docket: T-2390-98
BETWEEN:
GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
ASSESSMENT OF COSTS - REASONS
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: T-2390-98
BETWEEN:
GILBERT TECH INC.
Plaintiff
AND
LES ÉQUIPEMENTS K2 INC. and
MARIO CHARBONNEAU
Defendants
ASSESSMENT OF COSTS ON: FEBRUARY 13, 2001
REASONS BY: M. LAMY, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF REASONS: March 15, 2001
APPEARANCES: Marc-André Huot for the plaintiff
Christian Ladouceur for the defendant
SOLICITORS OF RECORD:
Smart & Biggar for the plaintiff
Montréal, Quebec
Christian Ladouceur for the defendant
Saint-Eustache, Quebec
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