Date: 20060223
Docket: T-1261-05
Citation: 2006 FC 250
ADMIRALTY ACTION IN PERSONAM
SIMPLIFIED ACTION
Between:
OVERSEAS EXPRESS
CONSOLIDATORS (MONTREAL) INC.
AND
COHESION FREIGHT WORLWIDE
Plaintiffs
AND
DATAWIND NET ACCESS CORPORATIONS
Defendant
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On September 23, 2005, the Court ordered that default judgment be rendered against the defendant in the amount of $ 6,439.46, the whole with costs. On October 31, 2005, I issued a timetable inviting Datawind Net Access Corporation to submit its written representations in opposition of this claim. As of this date, no submissions have been filed.
[2] After reviewing the proceedings in the record, the plaintiffs' fees are awarded in the amount of $ 1,656.36 ($ 1,440 + GST/PST) for the following items of Tariff B: 1 (5 units), 4 (4 units), 25 (1 unit) and 26 (2 units). I have reduced the number of units under item 25 since this item is designed to compensate counsel for services rendered after judgment including the issuance of a writ of seizure and sale. Two (2) units are allowed for the assessment of costs as this proceeding was not contested.
[3] The disbursements incurred in this matter are allowed in the amount of $ 473.47 for the following expenses: $ 50 for court fees paid under Tariff A, $ 201.77 ($ 175.41 plus GST/PST for bailiff fees), $ 18.70 ($ 18 plus GST for corporate search), $ 13 (faxes), $ 119.40 (laser printing), $ 40 (binding) and $ 30.60 (photocopying).
[4] For these reasons, the plaintiffs' costs are assessed in the amount of $ 2,129.83. A certificate is issued for that amount.
DATED AT MONTREAL THIS 23RD DAY OF FEBRUARY 2006.
| Signed: « Michelle Lamy » |
| MICHELLE LAMY ASSESSMENT OFFICER |
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE:
ADMIRALTY ACTION IN PERSONAM
SIMPLIFIED ACTION
Between:
OVERSEAS EXPRESS
CONSOLIDATORS (MONTREAL) INC.
AND
COHESION FREIGHT WORLWIDE
Plaintiffs
AND
DATAWIND NET ACCESS CORPORATIONS
Defendant
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: FEBRUARY 23, 2006
SOLICITORS OF RECORD :
Borden Ladner Gervais
Montreal, Quebec for the Plaintiffs
Robinson Sheppard Shapiro
Montreal, Quebec for Widecom Group Inc., opposant