Audi Aktiengesellschaft v. City Dome Fine Car Collision Centre Inc., docket T-737-99

Date: 19991019

Docket: T-737-99

BETWEEN:                 

     AUDI AKTIENGESELLSCHAFT,

     VOLKSWAGEN AKTIENGESELLSCHAFT

     and VOLKSWAGEN CANADA INC.

Plaintiffs

                    

     - and -

     CITY DOME FINE CAR COLLISION CENTRE INC.

     d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS

Defendant

    

     ASSESSMENT OF COSTS - REASONS

[1]      The Statement of Claim in this action was filed on April 26^th, 1999. The Defendant did not file a Statement of Defence. On the 7^th of June, 1999 the Court granted default judgement, enjoining the defendant from using the plaintiffs" trade marks and awarded costs of the action to the plaintiffs to be assessed in accordance with the high end of column III, and disbursements.

[2]      On August the 11^th 1999, the plaintiffs filed a Bill of Costs and sought an appointment for Assessment of their Costs. An appointment issued returnable the 13^th of October, 1999.

[3]      The assessment proceeded before me on the 13^th of October, 1999 and Mr. L. E. Trent Horne appeared on behalf of the plaintiffs, no one appeared on behalf of the defendant although duly served with the appointment for Assessment of Costs as, evidenced by the Affidavit of Gordon R. Smith sworn 31^st of August 1999.

[4]      On the assessment I reviewed the items as listed in the Bill of Costs and found all to be properly claimed and, as directed by the judgement of the Court, I allowed those claims at the high end of column III of the tariff.

[5]      Furthermore, in the absence of opposing argument, and on the evidence presented, I am satisfied that the items claimed as disbursements were reasonably expended for the conduct of this proceeding. Consequently, I allow the disbursements as claimed.

        

[6]      The Plaintiffs" Bill of Costs is assessed in the amount of $2100.00 for counsel fees, $402.67 for disbursements, and $163.84 for GST for a total of $2666.57. A Certificate confirming this assessment will issue forthwith.                             

    

                                     Peter Pace

                                     Assessment Officer

Toronto, Ontario

October 19, 1999

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF SOLICITORS AND SOLICITORS OF RECORD

     Docket: T-737-99

     AUDI AKTIENGESELLSCHAFT,

     VOLKSWAGEN AKTIENGESELLSCHAFT

     and VOLKSWAGEN CANADA INC.

Plaintiffs

    

     - and -

     CITY DOME FINE CAR COLLISION CENTRE INC.

     d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS

Defendant

                                            

DATE OF ASSESSMENT:          October 13, 1999

PLACE OF ASSESSMENT:      Toronto, Ontario

REASONS BY:              P. Pace, Assessment Officer

DATE OF REASONS:      October 19, 1999

APPEARANCES:

Trent L. E. Horne      for the Plaintiffs

No one appearing      for the Defendant

SOLICITORS OF RECORD:

Sim, Hughes, Ashton & McKay

L.E. Trent Horne

Barristers & Solicitors

330 University Avenue

6^th Floor

Toronto, Ontario

M5G 1R7 for the Plaintiffs

No solicitor on record      for the Defendant

            

     FEDERAL COURT OF CANADA

     Date: 19991019

                         Docket: T-737-99

                     Between:

     AUDI AKTIENGESELLSCHAFT,

VOLKSWAGEN AKTIENGESELLSCHAFT

     and VOLKSWAGEN CANADA INC.

Plaintiffs

     - and -

CITY DOME FINE CAR COLLISION CENTRE INC.

d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS

     Defendant

                    

                     ASSESSMENT OF COSTS - REASONS