American President Lines Ltd. v. Esmail, docket T-1317-91

                                    

                                     No. T-1317-91

BETWEEN:

AMERICAN PRESIDENT LINES LTD.

                                             Plaintiff

AND:

                     NAZIR ESMAIL

                                             Defendant

     TAXATION OF COSTS - REASONS

M. LAMY

TAXING OFFICER

             On December 18, 1996, the Court allowed the Plaintiff's motion for a default judgment and ordered the Defendant to pay the sum of $18,006.92 as well as costs and interest from February 26, 1992. 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

Items          Services      Units

1              Preparation and filing of Statement of Claim      4

3              Amendment of Statement of Claim      3

4              Preparation and filing of motion to amend the Statement of Claim      2

(motion no. 1)

4              Preparation and filing of motion for default judgment      3

(motion no. 2)

26              Taxation of costs      3

             At taxation Mr. Bilodeau amended his bill to request 2 units under item 26. He also added 2 claims of 1 unit under item 6 for his appearances on motions 1 and 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 $1,433.40 is awarded for the Plaintiff's fees.

DISBURSEMENTS

             The following disbursements are claimed in connection with this action:

Tariff A - Court costs      $50.00

Bailiff      239.95

Corporate search      108.00

Photocopies      53.20

Courier      111.15

Taxi      41.01

Court runner      28.00

Telefax      11.33

Telephone      $3.78

             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 $561.71 is awarded for the Plaintiff's disbursements.

             The Plaintiff's bill of costs is taxed and allowed in the amount of $2,266.55 including GST and QST ($1,945.11 x 7% x 6.5% + $50.00 Tariff A). A certificate is issued for that amount.

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

                                

MICHELLE LAMY

TAXING OFFICER

                     T-1317-91

AMERICAN PRESIDENT LINES LTD.

Plaintiff

    

NAZIR ESMAIL

Defendant

         TAXATION OF COSTS - REASONS

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                     T-1317-91

AMERICAN PRESIDENT LINES LTD.

Plaintiff

    

NAZIR ESMAIL

Defendant

         CERTIFICATE OF TAXATION

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NUMBER:          T-1317-91

BETWEEN:                  AMERICAN PRESIDENT LINES LTD.

                                         Plaintiff

AND:

NAZIR ESMAIL

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