A.P. Moller - Maersk (Trading as Maersk Sealand) v. Wahba Trading & Logistics International Inc., 2011 FC 455

Date: 20110413

Docket: T-1260-08

Citation: 2011 FC 455

BETWEEN:

           REASONS FOR ASSESSMENT OF COSTS

JOHANNE PARENT, Assessment Officer

[1]               On September 23, 2010, the Court ordered that default judgment be entered against the co-defendant Pelo & Chen Fibers Inc. Following this Order, the Court awarded costs to the plaintiff in a decision delivered November 8, 2010. Directions were issued and sent to the parties informing them that the assessment of the plaintiff’s Bill of Costs would proceed in writing and setting the timeframe to file representations.

[2]               Counsel for the plaintiff filed and served the affidavits of Mike Atkins and Natacha Beaudoin within the prescribed timeframe. In reply, the affidavit of Long Chen was filed on behalf of the defendant Pelo & Chen Fibers Inc.

[3]               Upon consideration of the affidavit of Long Chen indicating his disagreement with the amount claimed in the Bill of Costs without providing further representations in response and upon considering the plaintiff’s Bill of Costs signed October 1, 2010 and the affidavit of Natacha Beaudoin, the assessable services claimed under Tariff B of the Federal Courts Rules for the preparation and filing of the originating document (Item 1), for the discovery of documents (Item 7) and for such other services as may be allowed by the assessment officer (Item 27) will be allowed as claimed.

[4]               The $50 claimed under Tariff A – Court fee is allowed. The disbursements claimed and amply justified in the affidavit of Natacha Beaudoin, are considered necessary charges to the conduct of this matter. The amounts are reasonable and are therefore allowed.

[5]               The Bill of Costs is allowed for a total amount of $2,123.44

     “Johanne Parent”

Toronto, Ontario

April 13, 2011

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1260-08

STYLE OF CAUSE:                          A.P. MOLLER - MAERSK A/S TRADING AS MAERSK

SEALAND v. WAHBA TRADING & LOGISTICS

INTERNATIONAL INC. PELO & CHEN FIBERS INC. 

NANTONG EN-LON RECYCLING LTD

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT

OF COSTS BY:                                  JOHANNE PARENT, Assessment Officer

DATED:                                             April 13, 2011

REPRESENTATIONS:

SOLICITORS OF RECORD: