Date : 20010531
Docket : T-2009-00
Neutral Citation : 2001 FCT 560
BETWEEN :
ADMIRALTY ACTION IN REM AGAINST THE VESSEL "GTS KATIE" AND IN PERSONAM AGAINST THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.
FINANSBANKEN ASA,
a body politic and corporate of Oslo, Norway
Plaintiff
-and-
THE VESSEL "GTS KATIE",
THE OWNERS AND ALL OTHERS INTERESTED
IN THE VESSEL "GTS KATIE",
THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.,
a body politic and corporate of Anapolis, Maryland, U.S.A.
Defendants
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] The vessel "GTS KATIE" has been ordered to be sold together with all its appurtenances by order dated November 7, 2000. On December 1, 2000, the Plaintiff filed a motion for an order directing Craig Bishop and/or Clipper Ship Supply Inc. (the "Claimants") to remit all documents relating to the vessel "GTS KATIE".
[2] On December 1, 2000, Mr. Justice Campbell ordered upon the consent of the parties that all documents and/or effects originating from the vessel "GTS KATIE" in possession of the Claimants were to be relinquished to the Sheriff under protection of any of the Claimants' rights to file a claim against the proceeds of the sale of the ship. The Court also ordered that "any reasonable expenses incurred by Craig Bishop and/or Clipper Ship Supply in executing this Order may be taxed as Sheriff's expenses" and awarded the costs of the motion in favour of the Plaintiff.
[3] Further to this order, the Claimants filed on January 12 and March 2, 2001, accounts totalizing $7,656.80 to be taxed as Sheriff's expenses. By letters dated March 15, 2001, all interested parties in this matter have been directed to file and serve written representations in opposition. Two parties filed on March 27 and 28, 2001, written representations: the Plaintiff and the Claimant Lloyd Werft Bremerhaven GMBH. Counsel for the Claimants filed his reply to both representations on April 4, 2001.
[4] Since the expenses which the Court allowed the Claimants to claim as Sheriff's expenses were the reasonable expenses incurred in executing its Order, that is, the expenses of physically allowing the documents and/or effects to be relinquished to the Sheriff, I therefore allowed the amount of $280.00 for "opening the warehouse on Saturday p.m. for the Marshall to examine goods and documents, for labour and supervisory personnel". In light of the written representations, I am not convinced that the other expenses claimed by the Claimants are expenses incurred in executing the Order of December 1, 2000.
[5] A certificate in the amount of $280.00 is issued accordingly.
MICHELLE LAMY
ASSESSMENT OFFICER
Montreal, Quebec
May 31, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2009-00
STYLE OF CAUSE: FINANSBANKEN ASA, a body politic and corporate of Oslo, Noway
Plaintiff
AND
THE VESSEL "GTS KATIE", THE OWNERS AND ALL OTHERS INTERESTED IN THE VESSEL "GTS KATIE", THIRD OCEAN MARINE NAVIGATION COMPANY L.L.C.
Defendants
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: MAY 31, 2001
SOLICITORS OF RECORD:
Stikeman Elliott for the Plaintiff
Montreal, Quebec
Guy Vaillancourt for Clipper Inc. and EPG-MZ
Quebec, Quebec L.L.C. and/or Mr. Peter Hornick
Stikeman Elliott for Steamship Mutual
Montreal, Quebec Underwriting Association (Bermuda) Ltd.
Flynn Rivard for Calogeras & Master Supplies
Montreal, Quebec Inc.
Brisset Bishop for Lloyd Werft Bremerhaven
Montreal, Quebec GMBH
Borden Ladner Gervais LLP for Her Majesty the Queen in
Montreal, Quebec Right of Canada and The Montreal Port Authority
Sproule & Pollack for Andromeda Navigation Inc.
Montreal, Quebec and SDV Logistics (Canada) Inc.
Ronald MacDonald for Ronald MacDonald
Pointe-Claire, Quebec
De Man, Pilotte for Hempel Coatings (USA) Inc.
Montreal, Quebec and The State Ukrainian Crewing Company
Atnikov Moore MacPherson & Drummond for Macoil International S.A.
Ottawa, Ontario
Thomas Smith for Thomas Smith, C/O Gibson
Montreal, Quebec Canadian Global Inc. Att: A. Gribble
Fyodor Osipchyuk for Fyodor Osipchyuk, C/O
Odessa, Ukraine Marine Transport Workers' Trade Union of Ukraine
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