Date: 19990510
Docket: T-907-98
BETWEEN:
THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK,
Plaintiff,
- and -
JULES BERNARD
- and -
REGISTRAR OF RESERVE LANDS REGISTER
- and -
THE HONOURABLE JANE STEWART,
Defendants.
REASONS FOR TAXATION
MICHELLE LAMY, TAXING OFFICER:
[1] The Band Council of the Abenakis of Wôlinak filed an action against the defendant Jules Bernard on April 27, 1998 asking that an order be made for the plaintiff to recover possession of the house occupied by the defendant at 4755, rue Solinak in the Indian reserve of Wôlinak.
[2] On November 16, 1998 the Court allowed the plaintiff's motion for summary judgment, ordered the defendant Jules Bernard to leave the said house and set the costs of the motion for summary judgment at $2,500.
[3] As the defendant was not leaving the premises the band council on March 1, 1999 filed a motion seeking a writ of possession.
[4] It is thus now necessary to tax the plaintiff's costs resulting from that motion, which was heard on April 28 before David Schulze. The defendant Jules Bernard was not represented although his counsel was duly served with the notice of summons, the plaintiff's bill of costs and a letter from Mr. Schulze telling him that the sum of $400 was added to the bill of costs under item 26 of Tariff B.
[5] The plaintiff's bill amounted to $2,887.30 and included the following claims:
(A) FEES
Column III/Unit(s)
Item 5 Preparation and filing of contested motion 7 ($700)
Item 6 Appearance 3 ($300)
Item 26 Assessment of costs 4 ($400)
(B) DISBURSEMENTS
(i) Tariff A:
- Filing statement of claim $150
- Motion for summary judgment $300
- Writ of possession $30
(ii) Costs of executing writ $1,007.30
[6] Although the plaintiff's motion for a writ of possession was contested, I feel that granting the maximum mentioned in Column III is unjustified. The question argued in this court was not very complicated and the latter's hearing lasted about twenty minutes. I therefore award five units for item 5 ($500) and two units for item 6, that is $66.67 (20 minutes x $200/ hour). As the taxing of costs was not contested and the bill is relatively straightforward, I reduce the claim under item 26 to three units ($300).
[7] The expenses incurred for issuing and serving the writ of possession are allowed as such ($1,037.30). The court costs of $150 and $300 are disallowed.
[8] In setting the costs of the action at $2,500 under Rule 400(4), the plaintiff was compensated both for the services provided by his lawyer and the disbursements incurred, including the fees paid to the Registry under Tariff A.
[9] In view of the foregoing, the plaintiff's bill of costs is taxed in the amount of $1,903.97.
| MICHELLE LAMY MICHELLE LAMY TAXING OFFICER |
MONTRÉAL, QUEBEC
May 10, 1999
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT OF CANADA TRIAL DIVISION Date: 19990510 Docket: T-907-98 BETWEEN: THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK, Plaintiff, - and - JULES BERNARD - and - REGISTRAR OF RESERVE LANDS REGISTER - and - THE HONOURABLE JANE STEWART, Defendants. REASONS FOR TAXATION |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No: T-907-98
STYLE OF CAUSE:
THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK,
Plaintiff,
- and -
JULES BERNARD
- and -
REGISTRAR OF RESERVE LANDS REGISTER
- and -
THE HONOURABLE JANE STEWART,
Defendants.
PLACE OF TAXATION: Montréal, Quebec
DATE OF TAXATION: April 28, 1999
| REASONS FOR TAXATION BY: M. LAMY, TAXING OFFICER |
DATE OF REASONS: May 10, 1999
APPEARANCE:
David Schulze for the plaintiff
SOLICITORS OF RECORD:
HUTCHINS, SOROKA & DIONNE for the plaintiff
Montréal, Quebec
LEGRIS, MICHAUD, LACOURSIÈRE for the defendant Jules Bernard
Trois-Rivières, Quebec
| FEDERAL DEPARTMENT OF JUSTICE for the defendants the Registrar of the Reserve Lands |
Ottawa, Ontario Register and the Honourable Jane Stewart
| FEDERAL COURT OF CANADA TRIAL DIVISION Date: 19990510 Docket: T-907-98 BETWEEN: THE BAND COUNCIL OF THE ABENAKIS OF WÔLINAK, Plaintiff, - and - JULES BERNARD - and - REGISTRAR OF RESERVE LANDS REGISTER - and - THE HONOURABLE JANE STEWART, Defendants. CERTIFICATE OF TAXATION OF COSTS |