Date: 19980504
Docket: T-1304-97
| ACTION IN PERSONAM AND IN PERSONAM |
BETWEEN:
| WORMS SERVICES MARITIMES, |
| -and- |
| UNITED SHIPPING AGENCY, |
Plaintiffs
| AND: |
| THE VESSEL NECAT A, HER OWNERS AND ALL OTHERS INTERESTED IN THE SAID VESSEL, |
| -and- |
| DENEAN SHIPPING CO. INC., |
| -and- |
| AMICAN NAVIGATION INC., |
Defendants
TAXATION OF COSTS - REASONS
MICHELLE LAMY, TAXING OFFICER:
[1] On January 28, 1998, Mr. Justice Pinard ordered, further to the Plaintiffs' Motion for Summary Judgment that they recover from the Defendants, jointly and severally, the sum of $142,050.30 together with pre-judgment and post-judgment interest as well as costs of the action to be taxed on a party-to-party basis including the costs of obtaining affidavits of foreign law.
[2] On April 17, 1998, Mr. Jean-Robert Noiseux submitted his bill of costs in the amount of $9,696.73. Mr. Peter J. Cullen sent by fax on April 16 written representations on behalf of the Defendant Densan Shipping Co. Inc.
FEES
[3] The plaintiffs are claiming the following items of Tariff B:
| Items |
Taxable Services |
Column III/Units |
| 1 |
Preparation and filing of originating documents |
7 |
| 5 |
Preparation and filing of motion for summary judgment (presented January 28, 1998) |
7 |
| 6 |
Appearance on motion to postpone the hearing of the motion for summary judgment (presented November 5, 1997) - 1 hour |
3 |
| Appearance on motion to postpone the hearing of the motion for summary judgment (presented December 15, 1997) - 1 hour |
3 |
|
| Appearance on motion for summary judgment (presented January 28, 1998) - 2 hours x 3 units |
6 |
|
| 13a) |
Counsel fee for preparation for trial or hearing |
5 |
| 14a) |
Counsel fee for trial or hearing - 2 hours x 3 units |
6 |
| 26 |
Taxation of costs |
6 |
[4] At the taxation, Mr. Noiseux amended his bill to request 1 unit under item 25 for services rendered after judgment. He also withdrew his claim for appearance on November 5, 1997. In light of the pleadings found in the file and the representations of both parties, the items claimed are awarded as follows:
| - I allow 5 units under item 1 for the preparation and filing of the plaintiffs' Statement of Claim and the same number of units for services rendered under item 5; |
| - The units claimed under item 6 for appearances on December 15, 1997 and January 28, 1998 are allowed as requested. Even if the Order rendered further to the December 15 hearing states that Amican Navigation Inc. alone is to pay the costs, it is clear in my mind that the Plaintiffs can recover their costs from Densan Shipping Co. Inc. as the Defendants were condemned jointly and severally by the Court on January 28, 1998. Considering the time spent in court, counsel for the Plaintiffs is awarded under this item the amount of $750.00 i.e. $150.00 for his appearance on December 15 (0.5 hour x $300.00) and $600.00 (2 hours x $300.00) for his appearance on January 28; |
| - With respect to items 13 and 14, no costs are awarded as counsel for the Plaintiffs has already been compensated for his services under items 5 and 6; |
| - Item 25 is taxed as requested; |
| - Even if the taxation proceeding was contested, I feel that 4 units is a fair compensation for services rendered. |
DISBURSEMENT
[5] The following disbursements are claimed in connection with this action in rem:
Tariff A - Court costs $170.00
Communication expenses
| Telephone 273.00 |
| Facsimile 861.00 |
Costs of obtaining an affidavit on Egyptian law 1,675.21
Costs of arresting the ship "Necat A" 2,182.43
Services
| Special delivery 120.00 |
| Postage fees 12.09 |
Photocopies $103.00
[6] Considering that counsel for the Plaintiffs had to communicate with his clients located in France, Egypt and England, all disbursements are allowed as they were proven reasonably necessary in the proceeding.
[7] The Plaintiffs' costs are taxed and allowed in the amount of $7,646.73. A certificate is issued for that amount.
MICHELLE LAMY
TAXING OFFICER
MONTREAL (QUEBEC)
May 4, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-1304-97
| ACTION IN PERSONAM AND IN PERSONAM |
| BETWEEN: WORMS SERVICES MARITIMES, |
| UNITED SHIPPING AGENCY, |
Plaintiffs
| AND: |
| THE VESSEL NECAT A, HER OWNERS AND ALL OTHERS INTERESTED IN THE SAID VESSEL, |
| DENEAN SHIPPING CO. INC., |
| AMICAN NAVIGATION INC., |
Defendants
| PLACE OF TAXATION: Quebec (Quebec) |
| DATE OF TAXATION: April 17, 1998 |
REASONS FOR TAXATION BY: M. Lamy
| REASONS RENDERED AT: Montreal (Quebec) |
| DATED: May 4, 1998 |
APPEARANCE:
| Mr. Jean-Robert Noiseux for the Plaintiffs |
SOLICITORS OF RECORD:
| Langlois Gaudreau O'Connor for the Plaintiffs |
Quebec, Quebec
| Sproule Castonguay for the Defendant Amican Navigation Inc. |
Montreal, Quebec
| Stikeman Elliot for the Defendants The Vessel Necat A, Her |
| Montreal, Quebec Owners and all others interested in the said Vessel and Densan Shipping Co. Ltd. |
FEDERAL COURT OF TRIAL
Date: 19980504
Docket: T-1304-97
ACTION IN PERSONAM AND IN PERSONAM
BETWEEN:
WORMS SERVICES MARITIMES,
-and-
UNITED SHIPPING AGENCY,
Plaintiffs
AND:
THE VESSEL NECAT A, HER OWNERS AND ALL OTHERS INTERESTED IN THE SAID VESSEL,
-and-
DENEAN SHIPPING CO. INC.,
-and-
AMICAN NAVIGATION INC.,
Defendants
TAXATION OF COSTS - REASONS