Date: 20020304
Docket: T-361-99
Neutral citation: 2002 FCT 238
Between:
MEDITERRANEAN SHIPPING COMPANY S.A. GENEVA
Plaintiff
and
SIPCO INC.
Defendant
TAXATION OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On November 9, 2001, the Court ordered that the Plaintiff was entitled to costs for this action, including the application of Rule 420 of the Federal Court Rules, 1998. Following this decision, the Plaintiff filed a bill of costs on December 27, 2001, accompanied by a request to proceed without the personal appearance of the parties.
[2] On January 3, 2002, a copy of the bill of costs was sent to the Defendants so they could submit their written representations. As of today, none have been received on their behalf. Considering the foregoing, I am prepared to assess the Plaintiff's costs.
[3] Counsel's fees are awarded as requested except for the claims made under items 5, 6, 14(b) and 26 of Tariff B. The Order of the Court dated November 24, 2000, granting the Plaintiff's application is silent as to costs. Therefore, I have no authority to allow the costs of this motion to the Plaintiff. I can allow costs under item 14(b) for second counsel at hearing
only in cases "...where Court directs...". Given that the bill of costs is not disputed, I allow 4 units under item 26 of the Tariff. The expenses incurred by the Plaintiff in this matter are allowed as claimed.
[4] In view of the preceding, the Plaintiff's costs are assessed and allowed in the amount of $19,121.02. A certificate shall be issued for that amount.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTREAL, QUEBEC
March 4, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-361-99
STYLE OF CAUSE:
MEDITERRANEAN SHIPPING COMPANY S.A. GENEVA
Plaintiff
AND
SIPCO INC.
Defendant
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: March 4, 2002
SOLICITORS OF RECORD:
The Law Offices of J. Kenrick Sproule
Montreal, Quebec for the Plaintiff
Davis & Turk
Toronto, Ontario for the Defendant
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