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     Date: 19981001

     Docket: T-1487-90

Between:


GARFIELD CONTAINER TRANSPORT INC.


Plaintiff


- and -


UNIROYAL GOODRICH CANADA INC.


Defendant


CERTIFICATE OF ASSESSMENT

     I hereby certify that the costs of the defendant in this case have been assessed and allowed in the amount of $1,693.

                                                                  MICHELLE LAMY
                                                             
                                                                  MICHELLE LAMY
                                                                  ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

October 1, 1998

Certified true translation

Bernard Olivier

FEDERAL COURT OF CANADA

TRIAL DIVISION

     Date: 19981001

     Docket: T-1487-90

Between:


GARFIELD CONTAINER TRANSPORT INC.


Plaintiff


- and -


UNIROYAL GOODRICH CANADA INC.


Defendant


CERTIFICATE OF ASSESSMENT

     Date: 19981001

     Docket: T-1487-90

Between:


GARFIELD CONTAINER TRANSPORT INC.


Plaintiff


- and -


UNIROYAL GOODRICH CANADA INC.


Defendant


ASSESSMENT " REASONS

MICHELLE LAMY, ASSESSMENT OFFICER:

[1]      This action was dismissed with costs on October 11, 1994. An appeal from that decision was also dismissed with costs on the basis that the Trial Division judge did not have jurisdiction. The assessment of the Trial Division and Appeals Division costs was held on September 29 in the presence of Mr. Sébastien Grammond, counsel for the defendant, and Mr. Francis Rouleau, counsel for Garfield Container Transport Inc.

[2]      The fees requested by the defendant are allowed as such with the exception of items 2 and 13(a) of Tariff B. The statement of defence filed on the record is rather standard and its preparation certainly did not necessitate a major workload. I allow the minimum units prescribed for item 2 under column III of the tariff. As to item 13(a), I allow 3 units since the trial of this matter proceeded on the basis of an agreed statement of facts. The disbursements incurred by the defendant amount to $93 and are not disputed.

[3]      In view of the preceding, the defendant"s bill of costs is assessed in the amount of $1,693 and a certificate shall issue for that sum.

         MICHELLE LAMY

    

         MICHELLE LAMY

         ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

October 1, 1998

Certified true translation

Bernard Olivier

FEDERAL COURT OF CANADA

TRIAL DIVISION

     Date: 19981001

     Docket: T-1487-90

Between:


GARFIELD CONTAINER TRANSPORT INC.


Plaintiff


- and -


UNIROYAL GOODRICH CANADA INC.


Defendant


ASSESSMENT " REASONS


FEDERAL COURT OF CANADA

TRIAL DIVISION


NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO.              T-1487-90
STYLE:              GARFIELD CONTAINER TRANSPORT INC.

Plaintiff

                 - and -

                 UNIROYAL GOODRICH CANADA INC.


Defendant

PLACE OF ASSESSMENT:      Montréal, Quebec
DATE OF ASSESSMENT:      September 29, 1998

ASSESSMENT " REASONS OF M. LAMY, ASSESSMENT OFFICER

DATED:              October 1, 1998

APPEARANCES:

Francis Rouleau                      for the plaintiff

Sébastien Grammond                      for the defendant

                

SOLICITORS OF RECORD:

Marler Sproule Castonguay

Montréal, Quebec                      for the plaintiff

Byers Casgrain

Montréal, Quebec                      for the defendant


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