Date: 20020726
Docket: T-2580-97
Neutral citation: 2002 FCT 823
ACTION IN REM AGAINST THE VESSEL CANMAR CONQUEST
AND IN PERSONAM AGAINST GUARDIAN INSURANCE COMPANY
OF CANADA AND CANADA MARITIME LIMITED
BETWEEN:
RAINBOW TECHNICOLOURED WOOD VENEER LTD.
and
ALL THOSE PERSONS HAVING AN INTEREST
IN THE CARGO LADEN ON BOARD
THE VESSEL CANMAR CONQUEST
Plaintiffs
and
GUARDIAN INSURANCE COMPANY OF CANADA
and
CANADA MARITIME LIMITED
and
THE OWNERS AND CHARTERERS OF
THE VESSEL CANMAR CONQUEST
and
THE VESSEL CANMAR CONQUEST
Defendants
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This action was dismissed with costs on June 28, 2000 by Mr. Justice Dubé, as was the appeal to the Federal Court of Appeal from this judgment.
[2] On May 6, 2002, the Defendant Guardian Insurance Company of Canada filed in both divisions its bills of costs. The assessment proceeded by way of written representations, without the personal appearance of the parties.
[3] The two (2) bills are not contested by the Plaintiffs, with the exception of item 24 of Tariff B claims for "travel for attendance at examination" (Trial Division). Item 24 requires the exercise of the discretion of the Court. This discretion cannot be exercised by the assessment officer, as established by Mr. Justice Denault in Sim & McBurney v. Buttino Investments Inc. [1997] F.C.J. 1607 (C.A.).
[4] Consequently, the Defendant's costs are assessed and allowed in the amount of $1,705.00 for costs incurred in the Appeal Division and $8,668.84 for costs incurred in the Trial Division. A certificate shall be issued in each of the divisions.
[5] A copy of these reasons shall be placed in the Appeal Division docket bearing number A-473-00.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 26, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-2580-97
ACTION IN REM AGAINST THE VESSEL CANMAR CONQUEST
AND IN PERSONAM AGAINST GUARDIAN INSURANCE COMPANY
OF CANADA AND CANADA MARITIME LIMITED
STYLE OF CAUSE:
RAINBOW TECHNICOLOURED WOOD VENEER LTD.
and
ALL THOSE PERSONS HAVING AN INTEREST
IN THE CARGO LADEN ON BOARD
THE VESSEL CANMAR CONQUEST
Plaintiffs
and
GUARDIAN INSURANCE COMPANY OF CANADA
and
CANADA MARITIME LIMITED
and
THE OWNERS AND CHARTERERS OF
THE VESSEL CANMAR CONQUEST
and
THE VESSEL CANMAR CONQUEST
Defendants
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: July 26, 2002
SOLICITORS OF RECORD:
Gowling Lafleur Henderson for Plaintiffs
Montreal, Quebec
Marler & Associates for Defendant
Montreal, Quebec Guardian Insurance Company of Canada
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