Date: 19990618
Docket: T-604-98
ACTION IN REM AGAINST THE SHIP "EXCALIBUR II"
AND IN PERSONAM
BETWEEN:
THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA,
MARITIME INSURANCE COMPANY LIMITED,
COMMERCIAL UNION ASSURANCE PLC., CANADIAN
SURETY COMPANY and CANADIAN GROUP
UNDERWRITERS INSURANCE COMPANY,
Plaintiffs,
- and -
JOHN REVINGTON and THE OWNERS AND
ALL OTHERS INTERESTED IN
THE SHIP "EXCALIBUR II",
Defendants.
ASSESSMENT OF SHERIFF'S COSTS " REASONS
CHARLES E. STINSON,
ASSESSMENT OFFICER
[1] By Order dated September 4, 1998, the Court gave judgment for the plaintiffs and directed the Sheriff to take possession of the defendant Ship "Excalibur II" to carry out an admiralty sale. The Order directed that the Sheriff's costs be payable immediately from the proceeds of sale upon assessment. The sale realized $37,500.00 and the Sheriff filed his account for $5,386.40. I set a timetable for interested parties to serve and file reply materials per Rule 490(6).
Assessment
[2] The Order for sale provided that expenses "for the preservation, safekeeping or maintenance of the Vessel ... be treated as sheriff's costs". On the record before me, I therefore allow the Sheriff's account, inclusive of time indicated in his log of work which predates the Order for sale, in the amount as presented at $5,386.40.
________________________
Assessment Officer
Dated at Vancouver, British Columbia this 18th day of June, 1999.
FEDERAL COURT TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT NO.: T-604-98 |
| STYLE OF CAUSE: THE GENERAL ACCIDENT ASSURANCE COMPANY OF CANADA, MARITIME INSURANCE COMPANY LIMITED, COMMERCIAL UNION ASSURANCE PLC., CANADIAN SURETY COMPANY and CANADIAN GROUP UNDERWRITERS INSURANCE COMPANY, |
Plaintiffs,
v.
| JOHN REVINGTON and THE OWNERS AND ALL OTHERS INTERESTED IN THE SHIP "EXCALIBUR II", |
Defendants.
ASSESSMENT OF SHERIFF"S COSTS - REASONS
BY CHARLES E. STINSON, ASSESSMENT OFFICER
Dated June 18, 1998
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE
SOLICITORS OF RECORD:
| McEwen, Schmitt & Co. for the Plaintiffs |
| Vancouver, BC |
| Flemming & Sombrowski for the Defendant, John Revington |
| Sechelt, BC |