Registrar
Guenette
:
This
taxation
follows
a
judgment
of
the
Honourable
Judge
Rip
who
dismissed
the
appeals,
“with
costs”.
Judge
Rip
noted
that:
“There
shall
be
one
set
of
costs
payable
by
the
Appellants
and
the
Appellant,
Stanley
Kelley,
shall
pay
27%
of
the
costs
on
a
party-to-party
basis
according
to
the
Tariff
of
the
Court.”
The
matter
was
heard
by
telephone
conference
call
on
May
18,
1999.
The
Appellants
were
represented
by
Mr.
Paul
Morrison,
and
the
Respondent
by
Mr.
Marcel
Prevost.
At
the
outset,
Mr.
Prevost
made
two
changes
to
the
Bill
of
Costs
filed
with
the
Court.
He
submitted
an
invoice
in
the
amount
of
$162.00
for
a
Provincial
Constable
who
served
subpoenas
on
the
three
witnesses
for
the
Crown.
He
reduced
the
amount
claimed
under
item
1.(
1
)(e)
for
“all
services
after
judgment”
by
$100.00
in
order
to
conform
to
the
Tariff.
The
total
amount
of
the
Bill
of
Costs
is
therefore
increased
by
$62.00
to
$5,670.59.
Mr.
Morrison
consented
to
the
Respondent’s
Bill
of
Costs
except
for
two
items:
a
disbursement
paid
to
a
court
reporting
company,
and
the
amounts
paid
to
the
witnesses
for
hotel
accomodations.
Court
Reporting
Invoice
The
Respondent
claimed
an
amount
of
$962.78
relating
to
an
order
for
the
transcript
of
the
proceedings
of
the
hearing
before
Judge
Rip.
Mr.
Morrison
noted
that
there
was
no
evidence
presented
explaining
why
the
transcript
was
necessary,
and
that
it
had
been
ordered
immediately
following
the
hearing.
He
argued
that
it
had
been
ordered
months
prior
to
the
rendering
of
the
judgment,
and
that
the
Respondent
could
not
have
known
whether
or
not
it
would
be
necessary
at
all
for
an
appeal,
or
for
this
taxation.
Counsel
for
the
Respondent
was
unable
to
provide
any
explanation
whatsoever
as
to
why
it
had
been
necessary
for
the
Respondent
to
order
the
transcript.
Tariff
B
of
the
General
Procedure
Rules
states
that
disbursements
to
be
allowed
on
taxation
of
party
and
party
costs
are
those
“essential
for
the
conduct
of
the
proceeding”.
I
have
no
evidence
to
show
that
the
transcript
was
necessary,
and
will
therefore
disallow
this
amount
for
a
total
of
$962.78.
Hotel
Rates
Receipts
submitted
in
support
of
the
expenses
for
the
witnesses
include
hotel
bills
from
the
Hotel
Halifax
at
the
rate
of
$81.00
per
night,
plus
taxes.
Mr.
Morrison
agreed
to
the
number
of
nights
claimed,
but
stated
that
the
Hotel
Halifax
was
a
premium
hotel,
and
that
it
was
unfair
for
his
clients
to
have
to
bear
the
cost
of
such
accomodations
for
the
Crown’s
witnesses.
He
stated
that
he
thought
he
knew
of
suitable
accomodation
within
the
city
that
charged
some
thirty
or
forty
dollars
per
night,
but
could
provide
no
specific
example.
Mr.
Prevost
replied
that
the
Hotel
Halifax
was
next
to
the
Justice
Department
offices,
and
was
in
fact
joined
to
that
building
by
a
tunnel.
He
noted
that
it
would
be
easier
for
counsel
to
prepare
the
witnesses
for
trial
if
they
were
close
by,
and
surmised
that
for
that
reason
the
Hotel
Halifax
was
chosen.
He
also
noted
that
the
Hotel
was
close
to
the
Court
where
the
hearing
was
to
take
place.
Mr.
Morrison
repeated
his
arguments,
stated
that
his
clients
should
not
have
to
pay
for
the
Crown’s
“convenience”,
and
I
believe
he
suggested
the
Girard
hotel
which
he
thought
was
reasonably
priced
and
was
within
walking
distance
of
the
Court.
I
have
verified
the
federal
government
hotel
and
travel
directory,
and
observe
that
all
of
the
larger
downtown
hotels
listed
are
some
eighty
dollars
per
night
or
more.
I
cannot
verify
the
rate
at
smaller
establishments,
and
therefore
cannot
confirm
Mr.
Morrison’s
claim
that
rates
of
thirty
to
forty
dollars
per
night
are
available.
No
examples
of
specific
hotels
and
their
rates
were
provided.
Hotels
offering
such
rates,
if
they
are
indeed
available,
would
likely
entail
extra
taxi
fares
by
the
witnesses.
I
do
not
consider
rates
of
eighty
dollars
per
night
for
a
reasonable
hotel
in
the
downtown
core
of
a
major
city
to
be
exorbidant.
I
will
allow
the
amounts
as
claimed.
The
Respondent’s
Bill
of
Costs
in
the
amount
of
$5,670.59
is
taxed,
and
$4,707.81
is
allowed.
A
certificate
will
be
issued.
Order
accordingly.
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