American President Lines, Ltd. v. Aikta Group Inc., docket T-2433-96

                                     T-2433-96

     B E T W E E N

                     AMERICAN PRESIDENT LINES, LTD.

     Plaintiff

                     AND:

                     AIKTA GROUP INC.

            

     Defendant

     TAXATION OF COSTS - REASONS

M. LAMY

TAXING OFFICER

             On June 16, 1997, the Court allowed the Plaintiff's motion for a default judgment and ordered the Defendant to pay the sum of $3,778.04 as well as costs and interest from September 27, 1995. On July 8, 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 substitutional service of Statement of Claim (motion no. 1)	4
4	Preparation and filing of motion for default judgment (motion no. 2)	4
6	Appearance on motion no. 1	1
6	Appearance on motion no. 2	4
26	Taxation of costs	3

             At taxation Mr. Bilodeau amended his bill to request 1 unit under item 6 for his appearance on motion no. 2. This amendment is granted as well as the number of units claimed under item 1 and 6 (motion no. 1). The amount of $33.40 is allowed for appearance under item 6 for motions nos. 1 and 2 (0.167 x $200.00) as the hearings lasted 10 minutes in all. Considering that the present file is an action on account to recover the sum of $3,778.04, I allow 2 units for each claim made under item 4. Finally, I feel that 2 units for taxation of costs is fair given that the proceeding was uncontested. The sum of $1,033.40 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      90.10

Photocopies      25.90

Courier      12.00

Taxi      18.64

Postage      9.77

Expert costs      47.00

Court runner      7.50

Telefax      7.52

Telephone      $1.26

             The fees paid by the Plaintiff under Tariff A and the other expenses, except for taxi fares and the use of a court runner, are allowed since they are reasonable. The expenses made for taxis and the use of a court runner are refused as they should be considered as operating expenses. The sum of $213.55 is awarded for the Plaintiff's disbursements. The Plaintiff's bill of costs is taxed and allowed in the amount of $1,418.17 including GST and PST ($1,226.95 x 7% x 6.5% + $20.00 Tariff A). A certificate is issued for the amount.

DATED AT MONTREAL, QUEBEC, THIS 9^th DAY OF JULY 1997.

    

     MICHELLE LAMY

     TAXING OFFICER

                 T-2433-96

AMERICAN PRESIDENT LINES, LTD.

                                         Plaintiff

         AIKTA GROUP INC.

Defendant

         TAXATION OF COSTS - REASONS

                 T-2433-96

AMERICAN PRESIDENT LINES, LTD.

                                         Plaintiff

         AIKTA GROUP INC.

Defendant

         CERTIFICATE OF TAXATION

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NUMBER:          T-2433-96

BETWEEN:                  AMERICAN PRESIDENT LINES, LTD.

                                         Plaintiff

                     AND:

                     AIKTA GROUP INC.

                                         Defendant

PLACE OF TAXATION:          Montreal (Québec)

DATE OF TAXATION:          July 8, 1997

REASONS FOR TAXATION

BY:                      M. Lamy

DATED:                  July 9, 1997

APPEARANCE:             

Mr. Jean-François Bilodeau                  for the Plaintiff

SOLICITOR OF RECORD:     

SPROULE, CASTONGUAY, POLLACK          for the Plaintiff

     Montreal, Quebec