Date: 20000725
Docket: T-2170-85
BETWEEN:
McEWEN BROTHERS LIMITED
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
[1] This action was dismissed with costs on December 20, 1993 and the appellant"s appeal was also dismissed with costs on May 31, 1999.. The defendant, represented by Ms. Roseline O'Brien filed a bill of costs on March 30, 2000 and requested that the assessment proceed in writing. Letters to parties were sent on April 19, 2000 inviting written submissions by June 2, 2000. Since then, Ms. O"Brien has requested several delays on the basis that she expected payment of her costs by the plaintiff. However the plaintiff has failed to file any material in reply to the service of the bill of costs.
[2] On June 20, 2000 Ms. O'Brien advised she was retiring and that Ms. Julie Chalmers would have conduct of the action. Ms. Chalmers requested additional time to contact the plaintiff's lawyer regarding the payment of her client's costs. Finally on July 20, 2000 counsel asked the undersigned to proceed with the assessment of costs.
[3] Having considered the various factors provided by Rule 400(3) I will allow the fees and disbursements as requested in the bill of costs because they appear to be reasonable in the circumstances.
[4] The defendant's bill of costs is taxed and allowed in the amount of $2,300.00 for fees and $285.80 for disbursements. A certificate of assessment will issue in the total amount of $2,585.80.
Halifax, Nova Scotia François Pilon
July 25, 2000. Assessment Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
Docket: T-2170-85
McEWEN BROTHERS LIMITED
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: F. Pilon, Assessment Officer
DATE OF REASONS: July 25, 2000
APPEARANCES:
Joel Weinstein, Q.C. for Plaintiff
Julie Chalmers for Defendant
SOLICITORS OF RECORD:
Aikins, MacAulay & Thorvaldson
Winnipeg, Manitoba for the Plaintiff
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Defendant
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