BETWEEN :
NORTH END OIL LIMITED
Plaintiff
-and-
THE SHIP "MOR EUROPE"
and
THE OWNERS AND ALL OTHERS INTERESTED
IN THE SHIP "MOR EUROPE"
and
HONDEL SHIPPING CO. LTD.
and
DELPHIC SHIPPING CO. LTD.
and
B.O.L.T. CANADA LINE CONTAINER SERVICE
and
MORLINE LTD.
and
MORLINES MARITIME AGENCY LTD.
Defendants
ASSESSMENT OF COSTS - REASONS
JOHANNE PARENT, ASSESSMENT OFFICER
[1] The hearing of the assessment of the Defendants' bill of costs, the ship "Mor Europe" and her owners, Hondel Shipping Co. Ltd., took place before me on April 5, 2000. Mr. Trevor Bishop was in Court to represent said Defendants and the solicitor for the Plaintiff, although duly served, did not attend, having been instructed to cease representation.
[2] The bill of costs was prepared further to the order of Mr. Richard Morneau, Prothonotary, on February 16, 2000, granting as to costs only, motions for security for costs and for particulars.
[3] Pursuant to the criteria mentioned in Rules 409 and 400(3) of the Federal Court Rules (1998) and pursuant to the evidence on file, more particularly the affidavit of Trevor H. Bishop sworn on February 22, 2000, the amounts allocated under tarif B for assessable services are as for:
| - Item 5 for the preparation and filing of a contested motion for security for costs and for the preparation and filing of a contested motion for particulars; 4 units each. Although I am satisfied with Mr. Bishop's affidavit that the conduct of this file requested a fair amount of work, I cannot on this item allow more than what is reasonable for the preparation of the motions mentioned above. I then allow 4 units to each motion, for a total amount of $800. |
| - Item 6 for the appearance on two motions on February 14, 2000, maintained as to the number of units claimed and reduced to reflect the actual duration of the hearing of these two motions (i.e. " hour) for a total amount of $150. |
| - Item 26 for the assessment of costs reduced to 3 units. As mentioned at the assessment on April 5, I cannot allow the maximum number of units under this item since there was neither complexity, nor much work (besides the affidavit in support) in this assessment of costs. The number of units will then be reduced to 3. |
[4] The disbursements claimed are taxed as presented in the bill of costs for the amount of $82.59 .
[5] The Defendants' costs are assessed and allowed in the amount of $1,332.59 and a certificate is hereby issued for this amount.
(Johanne Parent)
ASSESSMENT OFFICER
Montreal, Quebec
May 9, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-112-00
STYLE OF CAUSE: NORTH END OIL LIMITED
Plaintiff
AND
THE SHIP "MOR EUROPE" ET AL
Defendants
ASSESSMENT TOOK PLACE ON APRIL 5, 2000
ASSESSMENT OF COSTS -
| REASONS BY: JOHANNE PARENT, ASSESSMENT OFFICER |
| DATE OF REASONS: MAY 9, 2000 |
SOLICITORS OF RECORD:
Trevor H. Bishop for the Defendants
Montreal, Quebec
Email this Content