American President Lines Ltd. v. C.J. International Inc., docket T-1932-96

                                    

                                     No. T-1932-96

BETWEEN:

AMERICAN PRESIDENT LINES LTD.

                                             Plaintiff

AND:

                     C.J. INTERNATIONAL INC.

                                             Defendant

     TAXATION OF COSTS - REASONS

M. LAMY

TAXING OFFICER

             On January 27, 1997, the Court allowed the Plaintiff's motion for a default judgment and ordered the Defendant to pay the sum of $1,506.01 as well as costs and interest from August 26, 1996. On May 21, 1997, Mr. Jean-François Bilodeau made his submissions on behalf of the Plaintiff with respect to his claim under Column III of Tariff B.

FEES

Items          Services      Units

1              Preparation and filing of Statement of Claim      4

4              Preparation and filing of motion for default judgment      4

26              Taxation of costs      3

             At taxation Mr. Bilodeau amended his bill to request 2 units under item 26. He also added a claim of 1 unit under item 6 for his appearance on the default judgment motion. The amendments made are granted. Considering that the present file is an action on account to recover the sum of $1,506.01, I allow 2 units under item 4. The claim made under item 1 is awarded as requested while the amount of $8.30 is allowed under item 6 (0.083 x $100.00) as the hearing lasted 5 minutes. The sum of $808.30 is awarded for the Plaintiff's fees.

DISBURSEMENTS

             The following disbursements are claimed in connection with this action:

Tariff A - Court costs      $20.00

Bailiff      68.30

Photocopies      54.25

Courier      23.45

Taxi      35.96

Postage      6.85

Court runner      4.00

Telefax      10.44

Telephone      $1.26

             The fees of $20.00 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 75 pages. Therefore, the amount of $18.75 (75 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 $149.05 is awarded for the Plaintiff's disbursements.

             The Plaintiff's bill of costs is taxed and allowed in the amount of $1,088.15 including GST and QST ($937.35 x 7% x 6.5% + $20.00 Tariff A). A certificate is issued for the amount.

DATED AT MONTREAL, QUEBEC, THIS 2^nd DAY OF JUNE 1997.

                                

MICHELLE LAMY

TAXING OFFICER

                     T-1932-96

AMERICAN PRESIDENT LINES LTD.

Plaintiff

    

C.J. INTERNATIONAL INC.

Defendant

         TAXATION OF COSTS - REASONS

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                     T-1932-96

AMERICAN PRESIDENT LINES LTD.

Plaintiff

    

C.J. INTERNATIONAL INC.

Defendant

         CERTIFICATE OF TAXATION

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NUMBER:          T-1932-96

BETWEEN:                  AMERICAN PRESIDENT LINES LTD.

                                         Plaintiff

AND:

C.J. INTERNATIONAL INC.

Defendant

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