| No. T-2589-94 |
B E T W E E N:
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA |
Plaintiff
AND:
TRILLIUM SHIPBROKERS LTD.
Defendant
AND:
PORTSERV LIMITED
Third Party
REASONS FOR TAXATION
M. LAMY
TAXING OFFICER
Following the order rendered by Mr. Justice Dubé on August 8, 1995, granting the Defendant's motion for default judgment against the Thirty Party Portsev Limited with costs, Ms. Elyse Tolchinsky submitted on May 16, 1997, her bill in the amount of $5,175.01. The Third Party was not represented at hearing although duly served.
In its bill, the Defendant claims the maximum number of units for fees relating to services under the following items of Tariff B, Part II, Column III:
| Items Taxable Services Units |
| 1 Preparation and filing of Third Party Notice 7 |
| 1 Preparation and filing of Third Party Statement of Claim 7 |
| 5 Preparation and filing of Notice of Motion for Third Party Directions 7 |
| (motion no. 1) |
| 5 Preparation and filing of Motion for Default Judgment 7 |
| (motion no. 2) |
| 6 Attendance on Motion no. 1 3 |
| 6 Attendance on Motion no. 2 3 |
| 26 Taxation of costs 6 |
In light of the criteria set out in Rule 346(1.1) and the pleadings found in file, the items claimed are awarded as follows:
| - The filing and service of a Third Party Notice is the first step in a third party proceedings. It cannot be considered as an originating document. However, I allow 7 units under item 1 for the preparation and filing of the Third Party's Statement of Claim. |
| - Both Defendant's motions were uncontested and should be taxed under item 4. Considering the time spent by counsel for their preparation, I award 3 units for motion no. 1 and 2 units for motion no. 2. |
| - I allow 2 units under item 6 for the appearance of counsel on both motions. Since the hearings lasted 10 minutes in all, $33.40 is allowed (0.167 x $200.00). |
- As for the claim made under item 26, the fees of $600.00 are reduced to $300.00 as the taxation proceeding was not contested.
Finally, the disbursements of $50.00 made in accordance with Tariff A and the other expenses of $497.40 for, inter alia, photocopies and bailiff services are allowed since the evidence made at hearing shows that they were reasonably necessary to the conduct of the third party proceedings.
The Defendant's bill of costs is taxed and allowed in the amount of $2,364.20 including GST and QST ($2,030.80 x 7% x 6.5% + $50.00 Tariff A). A certificate is issued for that amount.
DATED AT MONTREAL, QUEBEC, THIS 26th DAY OF MAY 1997.
| MICHELLE LAMY |
| TAXING OFFICER |
T-2589-94
| HER MAJESTY THE QUEEN IN RIGHT |
| OF CANADA |
Plaintiff
| -and- |
| TRILLIUM SHIPBROKERS LTD. |
| Defendant |
PORTSERV LIMITED
Third Party
| TAXATION OF COSTS - REASONS |
T-2589-94
| HER MAJESTY THE QUEEN IN RIGHT |
| OF CANADA |
Plaintiff
| -and- |
| TRILLIUM SHIPBROKERS LTD. |
| Defendant |
| PORTSERV LIMITED |
| Third Party |
| CERTIFICATE OF TAXATION |
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-2589-94
| BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA |
| Plaintiff |
| AND: |
| TRILLIUM SHIPBROKERS LTD. |
Defendant
| AND: |
| PORTSERV LIMITED |
| Third Party |
PLACE OF TAXATION: Montreal (Quebec)
DATE OF TAXATION: May 16, 1997
REASONS FOR TAXATION
BY: M. Lamy
DATED: May 26, 1997
APPEARANCE:
Me Elyse Tolchinsky for the Defendant
SOLICITORS OF RECORD:
| DEPARTMENT OF JUSTICE for the Plaintiff |
Ottawa, Ontario
BRISSET, BISHOP for the Defendant
Montreal, Quebec