Date 20001019
Docket: T-977-00
BETWEEN:
ATTORNEY GENERAL OF CANADA
Plaintiff
AND
2426-3121 QUÉBEC INC.
Defendant
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On a motion for default judgment, the Court made an order on July 24, 2000, for a permanent injunction and costs. On August 4, 2000, the plaintiff filed her bill of costs and asked that it be assessed without the parties' personal appearance.
[2] On August 17, 2000, I sent a copy of the bill of costs by registered mail to the defendant and indicated that its written submissions should be filed by September 1, 2000. On September 6, 2000, the envelope was returned to me by Canada Post stamped "unclaimed". Considering the foregoing, I am prepared to assess the plaintiff's costs.
Page: 2
[3] The Attorney General of Canada requests the following items as fees under Tariff B:
|
Item |
Services |
Units/Column III |
|
1 |
Preparation and filing of the action |
7 |
|
4 |
Preparation of an uncontested motion - motion on June 19, 2000, for an interlocutory injunction - motion on July 24, 2000, for a permanent injunction |
4 4 |
|
6 |
Appearance by D. Guimond, student-at-law, on a motion - motion on June 19, 2000 - motion on July 24, 2000 |
3 (x 50%) * 3 (x 50%) * |
|
25 |
Services after judgment - motion on June 19, 2000 - motion on July 24, 2000 |
1 1 |
|
26 |
Assessment of costs |
2 (x 50%) * |
|
* 50% under item 28 of Tariff B |
||
[4] Considering the factors set out in Rule 400(3) of the Federal Court Rules and the proceedings in this case, the amount of $1,537.50 is granted for fees, calculated as follows:
· item 1: 7 units X $100 = $700;
· item 4: 4 units for preparation of the motion for an interlocutory injunction heard June 19 X $100 = $400;
· item 4: 2 units for preparation of the motion for a permanent injunction heard July 24 X $100, as that motion is very similar to the one prepared for the June 19 hearing = $200;
· item 6: 3 units for the appearance of June 19 X $100 X 10 minutes for the length of the hearing X 50% (student-at-law) = $25;
· item 6: 3 units for the appearance of July 24 X $100 X 5 minutes for the length of the hearing X 50% (student-at-law) = $12.50;
Page: 3
· item 25: 1 unit X $100 = $100, as this item is intended to compensate for services rendered after a final judgment;
· item 26: 2 units X $100 X 50% (student-at-law) = $100.
[5] The disbursements incurred by the plaintiff in this matter in the amount of $777.41 are allowed as claimed.
[6] The bill of costs is therefore assessed in the amount of $2,314.91. A certificate of assessment will issue in this amount.
________________________
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
October 19, 2000
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-977-00
BETWEEN:
ATTORNEY GENERAL OF CANADA
Plaintiff
AND
2426-3121 QUÉBEC INC.
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
REASONS OF M. LAMY, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF REASONS: October 19, 2000
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney General of Canada
Ottawa, Ontario
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20001019
Docket: T-977-00
BETWEEN:
ATTORNEY GENERAL OF CANADA
Plaintiff
AND
2426-3121 QUÉBEC INC.
Defendant
ASSESSMENT OF COSTS - REASONS