Canada v. Lorway Shipping Company Limited, 2009 FC 1256

 

Date: 20091208

Docket: T-734-07

Citation: 2009 FC 1256

ACTION IN PERSONAM

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

                                                                                                                                              Plaintiff

 

and between (in Personam):

 

LORWAY SHIPPING COMPANY LIMITED, AND

TERRANCE MACLEAN, SOLE DIRECTOR OF

LORWAY SHIPPING COMPANY LIMITED

 

Defendants

 

 

ASSESSMENT OF COSTS – REASONS

 

Willa Doyle

Assessment Officer

 

 

[1]        The plaintiff filed a notice of motion on January7, 2009 pursuant to Federal Courts Rules 213(1), 298 (3)(a) and 369 requesting the removal of the action from the ambit of the simplified rules of the Federal Courts and other relief.

 

[2]        The Court (Prothonotary Morneau) issued an Order on February 4, 2009 stating:

 

            “This motion is granted as follows: 1. pursuant to rule 298(3) (a), this action is removed from the ambit of the simplified rules; 2. pursuant to Rule 213(1), summary judgment is granted to the plaintiff in the sum of $43,692.80 for the principal and accrued interest to December 22, 2008 for fees accruing and accrued under the  Fee Schedule  under the Oceans Act; 3. an order in the amount of $500.00 for costs thrown away for the status review forced upon the plaintiff; post-judgment interest as prescribed by the Interest and Administrative Charges Regulations, SOR/96-188; 5.  costs of this action under Column III of the Tariff B go to the plaintiff.”

 

 

[3]        The plaintiff then filed their bill of costs at the registry of the Federal Court in Halifax, Nova Scotia on October 8, 2009.  I received confirmation that the assessment would be done by way of written submissions.  Subsequently, I issued a timetable to both parties regarding service and filing of any supporting material / affidavits as evidence of disbursements, reply and / or rebuttal materials. Within the prescribed time limits the plaintiff served and filed an affidavit of disbursements.  Upon review of the file, no submissions were received from the defendants.

 

[3]        I examined the requested taxable services. I find them reasonable in the circumstances with the exception of the following assessable services claimed;

            B  Motions (T-734-07) Item 5:  preparation of motion to remove action from simplified rules, including materials - three units and Item 5:  preparation of motion        for summary judgment, including materials – three units.

            D  Pre-trial and Pre-hearing Procedure Item 15: preparation and filing of written   memorandum and argument on motion to remove action from simplified rules; and    motion for summary judgment – four units.

 

 

[4]        In regard to the above, and as stated in paragraph [1] the plaintiff filed one motion  pursuant to Federal Courts Rules 213(1), 298 (3)(a) and 369 requesting the removal of the action from the ambit of the simplified rules of the Federal Courts and other relief (that being summary judgment). I see also that, the plaintiff has sought two sets of three units each for entries under item 5.  In light of the fact that only one motion was presented, only the costs of one motion will be allowed.  Three units are allowed for item 5. Also, similarly, as compensation was provided under item 5 for this motion, the request under item 15 is not allowed and is hereby reduced to zero.

 

[5]        The number of assessable service units claimed at fifteen is therefore, for the above reasons, reduced to eleven thereby changing the requested fees from $2, 600.00 to an assessed and allowed fees at $1,690.00.  The disbursements are awarded at $433.78 as claimed and established by the sworn affidavit of Esther Ricketts complete with attached exhibits.

 

[6]        The Bill of Costs presented at $3.033.78 is assessed and allowed in the amount of $2,123.78.  A certificate is issued in the Federal Court proceeding for $2,123.78

                                                                                                           

         

  

 

 

Fredericton, New Brunswick

December 8, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FEDERAL COURT

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                          T-734-07

 

STYLE OF CAUSE:                         HER MAJESTY THE QUEEN IN RIGHT OF CANADA                                                                and (in Personam): LORWAY SHIPPING COMPANY                                                                 LIMITED, AND TERRANCE MACLEAN, SOLE                                                                           DIRECTOR OF LORWAY SHIPPING COMPANY                                                                        LIMITED

 

                                   

 

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

 

 

ASSESSMENT OF COSTS -                    

REASONS BY:                                  Willa Doyle, Assessment Officer

 

                                                                                   

DATED:                                             December 8, 2009

 

 

 

WRITTEN REPRESENTATION BY:

 

 

W. Dean Smith                                  FOR THE PLAINTIFF

 

 

                                                            FOR THE DEFENDANTS

 

 

SOLICITORS OF RECORD:

 

Justice Canada                                FOR THE PLAINTIFF

Halifax, NS                                               

 

Sampson, McDougall                       FOR THE DEFENDANTS

Sydney, NS