BrÛlerie des Monts Inc. v. 3002462 Canada Inc., docket T-1301-96

     T-1301-96

     Applicant

     Respondent

     TAXATION - REASONS

M. LAMY

TAXING OFFICER

     Following the hearing of this matter on February 14, 1997, the Court, on February 20, allowed the originating motion filed under section 57(1) of the Trade Marks Act and awarded the applicant its costs including the expert costs of Ms. Lisa Corbeil, an analyst and researcher, and of Ms. Marthe Faribeault, a professor at the University of Montréal. On May 26, 1997, Ms. Isabelle Tremblay, the applicant"s counsel, submitted her bill in the amount of $3,286.28 for taxation. The respondent was not represented although it had been properly served.

     The applicant is claiming under Tariff B, Column III, items 1 (7 units), 4 (2 units), 13 (5 units), 14 (2 units), 24 (1 unit), 25 (1 unit) and 26 (3 units). Applying the criteria set down in Rule 346(1.1), the requested units, with the exception of the claims made under items 4 and 24, are awarded as such. No costs shall be allowed under item 4 since the order fixing the hearing of this matter is silent on that point. The same applies to item 24, as the Court issued no directive concerning Ms. Tremblay"s travel to attend the hearing of February 14, 1997.

     The $1,186.28 in disbursements incurred under Part III of the tariff, including the reports of Ms. Corbeil and Ms. Faribeault, are allowed. The record establishes that these expenses were reasonable in the circumstances.

     The costs of the applicant are taxed and allocated in the amount of $2,986.28. A certificate shall issue for that amount.

MONTRÉAL, QUEBEC, THE 6th DAY OF JUNE, 1997.

Certified true translation

Christiane Delon

Federal Court of Canada

File No. T-1301-96

BETWEEN

BRÛLERIE DES MONTS INC.,

     Applicant

     - and -

3002462 CANADA INC.,

     Respondent

TAXATION - REASONS

FEDERAL COURT OF CANADA

NAMES OF COUNSEL AND SOLICITORS OF RECORD

     Applicant

     - and -

     Respondent

REASONS OF TAXING OFFICER, M. LAMY

APPEARANCES:

Isabelle Tremblay                  for the applicant

SOLICITORS OF RECORD:

KELADA TREMBLAY              for the applicant

Montréal, Quebec