No. T-1705-94
BETWEEN:
| AMERICAN PRESIDENT LINES LTD. |
Plaintiff
INTERNATIONAL HALAL FOOD INC.
-and-
HASSAN JAMA MOHAMMED
Defendants
TAXATION OF COSTS - REASONS
M. LAMY
TAXING OFFICER
Pursuant to Mr. Justice Nadon's Order dated March 27, 1995, on a default judgment motion with damages and costs to be awarded to Plaintiff against Defendants International Halal Food Inc. and Hassan Jama Mohammed, a Reference was held on May 16, 1995. Judgment on the Referee's Report was rendered on September 18, 1995, in the amount of $19,703.60 with costs. On May 21, 1997, Mr. Jean-François Bilodeau made his submissions on behalf of the Plaintiff with respect to his costs claimed under Column III of Tariff B.
FEES
| 1 Preparation and filing of Statement of Claim 6 |
| 3 Preparation and filing of Amended Statement of Claim 5 |
| 4 Preparation and filing of default judgment motion (motion no. 1) 3 |
| 6 Appearance on motion no. 1 1 |
| 23 Attendance on a reference 1 |
At taxation Mr. Bilodeau amended his bill to request 4 units under item 1, 3 units under item 3, and 2 units under item 26. He also added 3 units under item 4 for the preparation and filing of his motion to obtain judgment on the referee's report (motion no. 2) and 1 unit under item 6 for his appearance on motion no. 2. The amendments made are granted as well as the number of units claimed under the other items. The amount of $33.40 is allowed under item 6 (0.167 x $200.00) as the hearings lasted 10 minutes in all. The sum of $1,633.40 is awarded for the Plaintiff's fees.
DISBURSEMENTS
The following disbursements are claimed in connection with this action:
Tariff A - Court costs $100.00
Bailiff 174.00
Postage 3.37
Photocopying services 61.95
Fax messages 6.27
Taxis and other transportation 37.38
Courier services 34.50
Court runner $12.00
The fees paid by the Plaintiff under Tariff A as well as the other expenses, except for taxi fares and the use of a court runner, are allowed as it is reasonable to believe that they were necessary in the case at bar. On the basis of the record before me, I arrive at the conclusion that a fair number of essential pages of photocopy would be 150 pages. Therefore, the amount of $37.50 (150 x $0.25) is awarded for the in-house costs of photocopying. The expenses made for taxis and the use of a court runner are not allowed as they should be considered as operating expenses. The sum of $355.64 is awarded for the Plaintiff's disbursements.
The Plaintiff's bill of costs is taxed and allowed in the amount of $2,252.65 including GST and QST ($1,889.04 x 7% x 6.5% + $100.00 Tariff A). A certificate is issued accordingly.
DATED AT MONTREAL, QUEBEC, THIS 2nd DAY OF JUNE 1997
T-1705-94
| AMERICAN PRESIDENT LINES LTD. |
| INTERNATIONAL HALAL FOOD INC., |
HASSAN JAMA MOHAMMED
TAXATION OF COSTS - REASONS
T-1705-94
| AMERICAN PRESIDENT LINES LTD. |
| INTERNATIONAL HALAL FOOD INC., |
HASSAN JAMA MOHAMMED
CERTIFICATE OF TAXATION
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-1705-94
| BETWEEN: AMERICAN PRESIDENT LINES LTD. |
Plaintiff
| INTERNATIONAL HALAL FOOD INC. |
-and-
-and-
HASSAN JAMA MOHAMMED
PLACE OF TAXATION: Montreal (Quebec)
DATE OF TAXATION: May 21, 1997
REASONS FOR TAXATION
BY: M. Lamy
DATED: June 2, 1997
APPEARANCE:
| Mr. Jean-François Bilodeau for the Plaintiff |
SOLICITOR OF RECORD:
| SPROULE CASTONGUAY POLLACK for the Plaintiff |
Montreal, Quebec
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