Date: 20010420
Docket: T-2814-94
Neutral Citation: 2001 FCT 358
Ottawa, Ontario, this 20th day of April, 2001
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
BETWEEN:
SPRINT COMMUNICATIONS COMPANY LP
SPRINT CANADA INC.
CALL-NET ENTERPRISES INC.
Plaintiffs
- and -
MERLIN INTERNATIONAL COMMUNICATIONS INC.
Defendant
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] As part of my order, I allowed counsel to make written submissions to me with respect to costs. Both parties have since made submissions to me.
[2] The plaintiffs seek the following:
1. Their party and party costs of the action under Column III of the Tariff including costs of preparing written submissions on costs.
2. Directions to the taxing officer as follows:
(a) Allowing fees for second counsel at trial under item 14(b).
(b) That the taxing officer award the plaintiffs its reasonable costs for the preparation of the joint statement of facts by plaintiffs' counsel based on three units (under Column III) per hour reasonably spent in preparation of the joint statement of facts.
[3] The defendant submits that each party should bear its own costs.
[4] I have reviewed the submissions of counsel and the file and I note that the plaintiffs' changed solicitors and as well, that the plaintiffs were not successful on all of their claims. Although the plaintiffs are entitled to change counsel, the defendant should be given an allowance for the increased counsel time made necessary by the change.
[5] I am therefore prepared to allow the following costs to the plaintiffs:
3. 75% of their solicitor and client costs to be assessed by the assessment officer.
4. Fees for second counsel at trial under item 14(b) of Tariff B.
5. Its reasonable costs for the preparation of the joint statement of facts based on three units (under Column III) per hour reasonably spent in preparation of the joint statement of facts.
ORDER
[6] IT IS ORDERED that the following costs be allowed to the plaintiffs:
6. 75% of their solicitor and client costs to be assessed by the assessment officer.
7. Fees for second counsel at trial under item 14(b) of Tariff B.
8. Its reasonable costs for the preparation of the joint statement of facts based on three units (under Column III) per hour reasonably spent in preparation of the joint statement of facts.
"John A. O'Keefe"
J.F.C.C.
Ottawa, Ontario
April 20, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2814-94
STYLE OF CAUSE:SPRINT COMMUNICATIONS COMPANY LP ET AL. v. MERLIN INTERNATIONAL COMMUNICATIONS INC.
DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER AND ORDER OF O'KEEFE, J.
DATED: APRIL 20, 2001
WRITTEN REPRESENTATIONS BY:
MICHAEL E. CHARLES FOR THE PLAINTIFFS
BOB H. SOTIRIADIS FOR THE DEFENDANT
SOLICITORS OF RECORD:
BERESKIN & PARR
TORONTO FOR THE PLAINTIFFS
LÉGER ROBIC RICHARD
MONTRÉAL FOR THE DEFENDANT
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