Date: 20020304
Docket: T-1041-95
Neutral citation: 2002 FCT 239
AN ACTION IN REM AGAINST THE SHIP KRISTINA LOGOS,
ULYBEL ENTERPRISES LIMITED, JOSE PRATAS, and THE
OWNERS, CHARTERERS AND OTHER INTERESTED IN THE
SHIP KRISTINA LOGOS
BETWEEN:
MARIO NEVES AND CARLOS NEVES
Plaintiffs
and
THE SHIP "KRISTINA LOGOS",
ULYBEL ENTERPRISES LIMITED,
JOSE PRATAS, and THE OWNERS,
CHARTERERS AND OTHERS INTERESTED
IN THE SHIP "KRISTINA LOGOS"
Defendants
and
HER MAJESTY THE QUEEN
Intervenor
TAXATION OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On December 18, 1996, Her Majesty the Queen was granted permission to intervene in the present action and to proceed with the sale of the ship "Kristina Logos". Subsequently, numerous orders were rendered allowing costs to Her Majesty the Queen. The Crown filed two (2) bills in this matter. The assessment of these costs proceeded on February 15, 2002, by way of conference call between Montreal, Halifax and St. John's.
[2] The first bill is with respect to costs awarded by the Court in orders dated January 16, June 9 and December 15, 1997. These costs were not contested except for the number of units claimed for the assessment of costs under item 26 of Tariff B. Considering that two (2) bills were taxed at the same time and that an important issue was raised on the second one, I allow 6 units under this item. This bill is taxed in the amount of $5,119.95.
[3] The second bill filed by Her Majesty the Queen is arising from the Order of Mr. Justice MacKay dated September 20, 2001. This is the Order determining priorities to the claims against the proceed of the sale of the ship "Kristina Logos" which specifies that:
"...the Crown's claim to recover costs directly incurred for sale of the ship in a reasonable amount as the parties may agree, or failing agreement as may be taxed on initiative of the Crown by commencing the process for taxation..."
[4] The Crown submitted that the costs directly related to the sale of the ship, in the amount of $18,725.00, be assessed on a solicitor and client basis and not according to Tariff B. Counsel for the Crown based his arguments on the decision rendered by Mr. Justice MacKay on February 11, 2000, in Holt Cargo Systems Inc. v. Ship "Brussel" et al, Court file T-738-96, where solicitor's costs associated with the appraisement, advertisement and sale of the vessel were recoverable. Counsel submitted that the costs claimed in this file by the Crown are the same as those ordered by Mr. Justice MacKay in the "Brussel" case.
[5] Representations on behalf of the opposing parties are to the effect that if Mr. Justice MacKay had intended for the Crown to recover its costs on a solicitor and client basis in the case at hand, he would have expressly stated this as he did in the "Brussel".
[6] As mentioned at taxation, I am also of the opinion that costs can only be allowed as between party and party in the absence of a special direction to the contrary. Rule 400(6)(c) of the Federal Court Rules clearly affords the Court authority to order costs on a solicitor and client basis. My role as an Assessment Officer is to fix the amount of costs and not to determine their nature.
[7] Since the costs incurred by the Crown resulting from the sale of the ship "Kristina Logos" will be taxed according to the Tariff, the parties retained the pro-forma bill of costs prepared by the Plaintiffs with the addition of two claims under item 27. Considering the consent of parties, this bill is taxed in the amount of $10,296.01.
[8] A certificate in the amount of $15,415.96 is issued in this file.
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-1041-95
STYLE OF CAUSE:
AN ACTION IN REM AGAINST THE SHIP KRISTINA LOGOS, ULYBEL ENTERPRISES LIMITED, JOSE PRATAS, and THE OWNERS, CHARTERERS AND OTHER INTERESTED IN THE SHIP KRISTINA LOGOS
BETWEEN:
MARIO NEVES AND CARLOS NEVES
Plaintiffs
and
THE SHIP "KRISTINA LOGOS",
ULYBEL ENTERPRISES LIMITED,
JOSE PRATAS, and THE OWNERS,
CHARTERERS AND OTHERS INTERESTED
IN THE SHIP "KRISTINA LOGOS"
Defendants
and
HER MAJESTY THE QUEEN
Intervenor
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT TOOK PLACE ON FEBRUARY 15, 2002 VIA CONFERENCE CALL
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: MARCH 4, 2002
APPEARED:
David G. Colford for the Intervenor
Richard F. Southcott for the Plaintiffs
Thomas E. Hart for Clearwater Fine Foods Inc.
SOLICITORS ON RECORD:
Stewart McKelvey Stirling Scales
Halifax, N.S. for the Plaintiffs
Lewis, Sinnott, Shortall, Hurley
St. John's, NF for Defendants Jose Pratas and Ulybel Enterprises Ltd.
Brisset, Bishop
Montreal, Quebec for the Intervenor
McInnis, Cooper & Robertson
Halifax, N.S. for Clearwater Fine Foods Inc.
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