Date: 19990423
Docket: A-350-96
BETWEEN:
RICHARD LEROUX and
417 AUTO WRECKERS LIMITED
Appellants
- and -
TRANSCANADA PIPELINES LIMITED
Respondent
TAXATION OF COSTS - REASONS
G.M. Smith,
Assessment Officer
[1] This appeal was dismissed with costs on May 27, 1998. The Respondent filed its Bill of Costs seeking $2,150 in counsel fees and $6,188.90 for disbursements.
[2] The Appellant was unrepresented by legal counsel in responding to this assessment but filed written representations on his own behalf by way of a letter dated April 8, 1999. Mr. Leroux objects to the disbursements claimed for two counsel and the claim for reimbursement by the Respondent of business class air travel rates to the hearing at Ottawa.
[3] In reply, counsel relied on the Respondent's Corporate Policy No. 1-115 which states that employees of the Respondent company may travel business class on flights in excess of three hours. Counsel further notes that this policy is not inconsistent with other Canadian corportions. Submissions on behalf of the Respondent also argued that the presence of junior counsel at the hearing was justified and reasonable in the circumstances of this case.
[4] I am not inclined in the circumstances of these proceedings to agree that the Appellants should be required to indemnify, in an assessment on a party-and-party scale, disbursements for travel at a rate of business class. Nor, on the other hand, do I agree with the Appellant that the Respondent should be restricted to the lowest available excursion (i.e. seat sale) rate. I further agree with the Appellant, in the absence of any direction by the Court allowing the costs of second counsel, that the disbursements claimed for travel of junior counsel should be refused.
[5] I have reduced the disbursement for air fare to $1,900.00 to bring it closer in line with available non-excursion rates for such travel. The other disbursements claimed for first counsel in the total amount of $1,046.01, including G.S.T., are supported and will be allowed.
[6] Fees claimed for services of counsel under items 18, 19 and 22 of Tariff B to the Rules are also allowed, except again for the units claimed for second counsel, in the absence of a Court direction under item 22(b) of Tariff B.
[7] In conclusion, the Respondent's Bill of Costs is assessed in the amounts of $1,700.00 for fees and $3,079.01 for disbursments. A Certificate of Assessment in the total amount of $4,779.01 will issue accordingly.
Sgd. (Gregory M. Smith)
Gregory M. Smith
Assessment Officer
Ottawa, Ontario
April 23, 1999
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: A-350-96
RICHARD LEROUX and
417 AUTO WRECKERS LIMITED
Appellants
- and -
TRANSCANADA PIPELINES LIMITED
Respondent
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
- REASONS BY G.M. SMITH, ASSESSMENT OFFICER
DATE OF REASONS: April 23, 1999
APPEARANCES:
Richard J. Leroux for himself
Douglas I.D. MacLean for the Respondent
SOLICITORS OF RECORD:
TransCanada
Calgary, Alberta for the Respondent
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