No. T-2682-94
ACTION IN REM AGAINST THE VESSEL AGHIA MARKELLA AND IN PERSONAM AGAINST NAVIHOUSE S.A., EVALEND SHIPPING CO. S.A., LOMBARD SHIPOWNERS LIMITED
B E T W E E N:
Plaintiff
-and-
EVALEND SHIPPING COMPANY S.A.
-and-
LOMBARD SHIPOWNERS LIMITED
-and-
THE VESSEL AGHIA MARKELLA
-and-
THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSEL AGHIA MARKELLA
TAXATION OF COSTS - REASONS
M. LAMY
TAXING OFFICER
On September 18, 1996, Mr. Justice Pinard rendered judgment in favour of the Plaintiff in the amount of $3,321.75 with costs and dismissed without costs the Defendants' counterclaim. Mr. Louis Buteau, counsel for the Plaintiff, attended the taxation of party and party costs on January 17, 1997. The Defendants did not attend but, on January 13, 1997, filed written submissions in respect to the taxation proceedings.
FEES
In his Bill, the Plaintiff is claiming the following items of Tariff B, Part II, Column III.
| Items Taxables Services Units |
1 Preparation and filing of the Statement of Claim 6
| Preparation and filing of the Affidavit to |
| Lead Warrant and Release 6 |
| 2 Preparation and filing of the Statement of Defence |
| 4 Preparation and filing of the Joint Application for |
Time and Place for Trial 3 5 Preparation and filing of a contested motion 5
| 7 Discovery of documents 4 |
13a) Preparation for trial 4
14a) Trial (6 hours X 2 units) 12
25 Services after judgment 1
26 Taxation of costs 4
In his written representations, Mr. David Colford, counsel for the Defendants, submits that he does not oppose the services sought to be taxed. He argues that the services should be taxed under Column I of the Tariff and each item be assessed at $60.00 per unit because of the nature of the action. The present file is an action on account to recover the sum of $4,242.10 owed by the Defendants for services rendered to the vessel "Aghia Markella" by the Plaintiff. I refer counsel to Rule 346(1) that stipulates:
| Unless otherwise ordered by and subject to any directions from the Court, all costs shall be taxed in accordance with column III of Part II of Tariff B. |
|
Since the judgment of this Court is silent on that issue, all fees will be taxed under this column at $100.00 per unit which is the unit value set out in Section 3 of Part I of Tariff B. It is to be noted that in accordance with Section 4 of Part I, the Chief Justice advised the Taxing Officers on April 1, 1996, that the unit value of the Tariff remains at $100.00.
Having said that fees will be taxed under Column III, I am required to take the criteria listed in Rule 346(1.1) to allow a number of units to each taxable service.
In instance no major issues were raised and the amount claimed and recovered is small. Counsel for Defendants admits that the time spent to prepare for trial and the time spent in Court was necessary. In determining the quantum of costs, I must also consider that the Court dismissed the counterclaim action as "it does not appear to me that the counterclaim necessitated significant time and effort from any of the parties".
In light of the foregoing items 2, 5 and 6 claimed in relation to the counterclaim are refused. The fees asked for the preparation and filing of the Affidavit to Lead Warrant and Release under item 1 are refused since these are not originating documents. The claim under item 4 is disallowed as a Joint Application for Time and Place for Trial filed pursuant to Rule 483 cannot be compared to an interlocutory motion. As far as the other items are concerned they are taxed as follows: 4 units for item 1 (filing of the Statement of Claim); 3 units for item 7; 3 units for item 26; items 13a), 14a) and 25 are allowed as requested.
The sum of $2,700.00 representing 27 units is granted for the Plaintiff's fees.
DISBURSEMENTS
Tariff A
| - Statement of Claim $ 20.00 |
- Witnesses (2) 40.00
Bailiff 532.25
Photocopies 109.55
Courier 8.25
Taxis 26.77
Faxes 17.00
With the exception of $26.77 in taxi fares, all other disbursements are allowed in the amount of $729.41 as it is reasonable to believe that they were necessary in the case at bar. Furthermore, these expenses have not been contested by the Defendants.
The Plaintiff's bill of costs is taxed and allowed in the amount of $3,429.41 plus the applicable GST and PST.
DATED AT MONTREAL, QUEBEC, THIS 27th DAY OF JANUARY 1997.
T-2682-94
| EVALEND SHIPPING COMPANY S.A., |
LOMBARD SHIPOWNERS LIMITED,
THE VESSEL AGHIA MARKELLA,
| THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSEL AGHIA MARKELLA, |
TAXATION OF COSTS - REASONS
T-2682-94
| EVALEND SHIPPING COMPANY S.A., |
LOMBARD SHIPOWNERS LIMITED,
THE VESSEL AGHIA MARKELLA,
| THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSEL AGHIA MARKELLA, |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-2682-94
ACTION IN REM AGAINST THE VESSEL AGHIA MARKELLA AND IN PERSONAM AGAINST NAVIHOUSE S.A., EVALEND SHIPPING CO. S.A., LOMBARD SHIPOWNERS LIMITED
| BETWEEN: CALOGERAS MARINE INC. |
Plaintiff
-and-
EVALEND SHIPPING COMPANY S.A.
-and-
LOMBARD SHIPOWNERS LIMITED
-and-
THE VESSEL AGHIA MARKELLA
-and-
THE OWNERS, CHARTERERS AND ALL THOSE INTERESTED IN THE VESSEL AGHIA MARKELLA
PLACE OF TAXATION: Montreal (Quebec)
DATE OF TAXATION: January 17, 1997
REASONS FOR TAXATION
BY: M. Lamy
DATED: January 27, 1997
APPEARANCE:
| Mr. Louis Buteau for the Plaintiff |
SOLICITORS OF RECORD:
| SPROULE, CASTONGUAY, POLLACK for the Plaintiff |
Montreal, Quebec
| BRISSET BISHOP for the Defendants |
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