Date: 20000502
Docket: T-4303-81
Between:
ROBITAILLE MARINE INC.
Plaintiff
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
CERTIFICATE OF ASSESSMENT OF COSTS
I hereby certify that the costs of the defendant in this case were assessed and allowed in the amount of $5,490.38.
MONTRÉAL, QUEBEC
May 2, 2000
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20000502
Docket: T-4303-81
BETWEEN:
ROBITAILLE MARINE INC.
Plaintiff
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
ASSESSMENT OF COSTS -- REASONS
JOHANNE PARENT, ASSESSMENT OFFICER
[1] The hearing of this assessment took place via conference call on March 28, 2000. Mr. Romanino represented the defendant, accompanied by Mr. Ladouceur. Mr. Louis Brousseau, counsel for the plaintiff, although duly served with the notice of appointment and the bill of costs, was absent, having indicated a little earlier that he had been given no instructions by his client.
[2] The assessment of the defendant's bill of costs is pursuant to the order rendered on October 1, 1999 by the Honourable Mr. Justice Hugessen, dismissing the action with costs.
[3] Under the criteria set out in Rules 409 and 400(3) of the Federal Court Rules, 1998 and the evidence in the record, and in view of the fact that this bill of costs is not being contested by the plaintiff, the amounts claimed under Tariffs A and B are broken down as follows.
[4] The amount claimed in Tariff A for the payment of a notice of motion for summary judgment is allowed.
[5] In Tariff B, the amounts claimed in items 2 and 5 (preparation of the written representations of December 20, 1996 and preparation of a motion filed on March 10, 1999), 6, 7, 10, 25 and 26 are allowed as requested.
[6] The amounts claimed in item 5 for the preparation and filing of a contested motion, including materials and responses thereto, concerning the documents (letters) filed in the Court record on February 26, 1997 and October 26, 1998, are reduced to 3 units each. Questioned about the number of units claimed for these two items, the defendant stated that it covers the research needed and performed in order to answer the plaintiff's submissions in the context of these two motions. In view of the documents in the Court record, I am reducing the number of units claimed to three.
[7] Still in item 5 of Tariff B, for the preparation and filing of a contested motion on June 30, 1999, the number of units claimed cannot be under item 5. When this motion was filed on June 30, 1999, there was also filed in the Court record the consent of the plaintiff, making this an uncontested motion and therefore presentable for assessment under item 4. The number of units allowed is thereby reduced to three.
[8] The amount claimed in item 11 is reduced to $100.00 (2 units x [frac12] hour) in order to reflect the actual time of hearing, which was 33 minutes.
[9] The amount claimed in item 24 for travel by counsel to attend at the motion of September 10, 1999 was withdrawn by the defendant at the hearing of the assessment.
[10] As to disbursements: the goods and services tax of 7% is calculated on the total assessable services and is therefore reduced accordingly to $308.00. For the miscellaneous disbursements (faxes, photocopies, couriers and long-distance calls), the defendant claims 4% of the assessable services, in view of the time at which the disbursements were to a large degree incurred, in addition to the printing costs for which it is asking $181.19. There is no uncontested evidence in the record that the costs thus claimed were actually incurred, with the exception of the printing costs. However, it is clear that in the normal course of her work, the defendant had to incur costs of this nature which, as it says, may be hard to calculate. Given the reasonableness of the amount claimed, I allow an overall amount of $357.19 for the miscellaneous disbursements, including the printing costs. The bailiff's fees are allowed as requested.
[11] The bill of costs is allowed in the amount of $5,490.38. A certificate shall issue for that amount.
(Johanne Parent)
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 2, 2000
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Federal Court of Canada
Trial Division
Date: 20000502
Docket: T-4303-81
Between:
ROBITAILLE MARINE INC.
Plaintiff
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Defendant
ASSESSMENT OF COSTS -- REASONS
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
BETWEEN:
ROBITAILLE MARINE INC.
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
ASSESSMENT OF COSTS VIA CONFERENCE CALL
REASONS OF J. PARENT, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF REASONS: May 2, 2000
SOLICITORS OF RECORD:
McCarthy, Tétrault for the plaintiff
Montréal, Quebec
Justice Canada for the defendant
Montréal, Quebec
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