Federal Court Decisions

Decision Information

Decision Content

Date: 20040803

Docket: T-2556-97

Citation: 2004 FC 1056

BETWEEN:

MAYFLOWER TRANSIT, INC.

Plaintiff

(Defendant by Counterclaim)

and

BEDWELL MANAGEMENT SYSTEMS INC.,

MAYFLOWER MOVING SYSTEMS INC.,

JAMES R. BEDWELL

Defendants

(Plaintiffs by Counterclaim)

                                      ASSESSMENT OF COSTS - REASONS

PAUL G.C. ROBINSON

ASSESSMENT OFFICER

[1]                This assessment of costs is pursuant to the order of the Court rendered August 1, 2003, relating to a show cause hearing heard on July 22, 2002, and the contempt hearing of October 7, 2002. Paragraph 4 of this decision ordered the Defendants to jointly and severally pay to the Plaintiff its reasonable costs, the costs to be assessed on a solicitor-client basis and are to be paid within nine months of the assessment of such costs.


[2]                After receiving a request for an assessment appointment, a letter was issued setting a timetable for written submissions. The Defendants did not respond, within the time frames allowed, to the Plaintiff's's Bill of Costs and to the supporting material presented for assessment. The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and not participating, benefiting by an assessment officer stepping away from 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 a judgment and tariff. I examined each item in the Bill of Costs and the supporting materials within those parameters.

[3]                The Plaintiff's Bill of Costs, presented at $17,997.04, is assessed and allowed at $17,997.04 with interest thereon pursuant to the Federal Courts Act, s.37(1) and the Ontario Courts of Justice Act, ss.129-130 (s.127 prescribes the applicable rates).

                                                                                                "Paul Robinson"           

                                                                                                                Paul G.C. Robinson                 

Assessment Officer          

Toronto, Ontario

August 3rd, 2004


FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-2556-97                                          

STYLE OF CAUSE:                         MAYFLOWER TRANSIT, INC.

and

BEDWELL MANAGEMENT SYSTEMS INC.,

MAYFLOWER MOVING SYSTEMS INC., and

JAMES R. BEDWELL

ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES

ASSESSMENT OF COSTS           

REASONS BY:                                 PAUL G.C. ROBINSON

DATED:                                              AUGUST 3, 2004

SOLICITORS OF RECORD:         

Andrea E. Kokonis

Fasken Martineau Dumoulin LLP

Toronto, Ontario                                 For the Plaintiff


FEDERAL COURT

                                                             Date: 20040803

                                            Docket: T-2556-97

BETWEEN:

MAYFLOWER TRANSIT INC.

Plaintiff

                                            

and                            

                                            

                                                                                   

BEDWELL MANAGEMENT SYSTEMS INC.,

MAYFLOWER MOVING SYSTEMS INC., and

JAMES R. BEDWELL

                                                                    Defendants

                                                                                

ASSESSMENT OF COSTS - REASONS

                                                                                 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.