Date: 20020419
Docket: T-1834-00
Neutral Citation: 2002 FCT 446
Between:
A. LASSONDE INC.
Applicant
and
REGISTRAR OF TRADE-MARKS
Respondent
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Mr. Justice Pinard made an order dated September 24, 2001, setting aside the decision of the prothonotary dated September 5, 2001, and awarding the costs of the appeal motion against the applicant in any event of the cause. The assessment proceeded on the basis of the parties' written representations.
[2] The respondent is seeking the sum of $2,090 as fees, which is the maximum number of units provided for the services rendered under column III of Tariff B for items 5 (preparation of appeal motion-7 units X $110), 6 (appearance on the motion-3 units X $110 X 2 hours) and 26 (assessment of costs-6 units X $110).
[3] The applicant maintains that the minimum number of units should be allowed under items 5 and 6 because it was a standard motion, and under item 26 because the matter was not complex. Since the respondent did not submit any comments on these points, I am granting 3 units for the preparation and filing of its motion (3 units X $110) and 1 unit under item 6 (1 unit X $110 X 1.02 hour/the actual length of the hearing). I am allowing 3 units under item 26 (3 units X $110) given the preparation of written representations in reply by the respondent. The fees are assessed in the amount of $772.20. In doing so, I am taking into account the general application of the Tariff and not the settlement discussions about costs that occurred in this case.
[4] The disbursements are allowed as follows: $55.25 for photocopying costs and $34.24 for costs of service. The costs incurred for taxis between the lawyer's office and the court are disallowed, because they are considered to be operating costs and therefore not recoverable at the assessment level.
[5] The respondent's costs of the appeal motion are assessed and allowed in the amount of $861.69. A certificate will issue in this amount.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
April 19, 2002
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET: T-1834-00
Between:
A. LASSONDE INC.
Applicant
AND
REGISTRAR OF TRADE-MARKS
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: April 19, 2002
SOLICITORS OF RECORD:
Brouillette, Charpentier, Fortin
Montréal, Quebec for the applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020419
Docket: T-1834-00
Between:
A. LASSONDE INC.
Applicant
and
REGISTRAR OF TRADE-MARKS
Respondent
ASSESSMENT OF COSTS - REASONS
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