Date: 19990614
Docket: T-17-97
BETWEEN:
SOCIETY OF COMPOSERS, AUTHORS AND
MUSIC PUBLISHERS OF CANADA
Plaintiff
- and -
NIAGARA HOTEL, BRIAN SALMI
AND RON TETI
Defendants
ASSESSMENT OF COSTS " REASONS
CHARLES E. STINSON,
ASSESSMENT OFFICER
[1] In this action for breach of copyright, the Judgment dated June 5, 1997 included an order that the Defendants, Ron Teti and Niagara Hotel (hereafter "the Defendants"), produce documents for the purposes of a reference to assess damages. It awarded costs of the action and the reference. The Defendants failed to produce the documents. Subsequent proceedings resulted in the Order dated November 17, 1998 finding the Defendant Ron Teti in contempt and awarding solicitor-client costs including "a sum for the appearance of in-house counsel for the Plaintiff on the ex parte motion to show cause in this matter". Exhibit A to the Affidavit of Stella D. Frame sworn March 18, 1999 is the initial Bill of Costs presenting $15,739.15 for payment after applying a credit of $1,000.00 paid by Mr. Teti further to an Order dated October 20, 1998. The Plaintiff's Written Submissions on Assessment and the Supplemental Affidavit of Stella D. Frame amended this to $15,143.75 for the solicitor-client costs. I set a timetable for the exchange of written submissions and directed that the Plaintiff serve it on the Defendants. The Plaintiff filed proof of that service. The Defendants did not file any submissions.
Assessment
[2] The Federal Court Rules, 1998 do not contemplate a litigant, having proper notice of an assessment of costs and choosing not to participate as was the case here, benefitting by an assessment officer abdicating a position of neutrality to act as the litigant's advocate in challenging given items in a Bill of Costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and the tariff. I examined each item claimed in the Plaintiff's Bill of Costs and the supporting materials within those parameters. I allow the Plaintiff's Bill of Costs as presented at $15,143.75.
_________________________
ASSESSMENT OFFICER
Dated at Vancouver, British Columbia this 14th day of June, 1999.
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-17-97
STYLE OF CAUSE: Society of Composers, Authors and
| Music Publishers of Canada |
v.
Niagara Hotel, Brian Salmi and
Ron Teti
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS " REASONS BY:
CHARLES E. STINSON, ASSESSMENT OFFICER
| REASONS DATED: June 10, 1999 |
SOLICITORS OF RECORD:
| Boughton, Peterson, Yang, Anderson |
Vancouver, British Columbia