Court File No: T-252-95
IN THE FEDERAL COURT OF CANADA
TRIAL DIVISION
BETWEEN:
J.L. DE BALL CANADA INC.
Plaintiff
- and -
421254 ONTARIO LTD.
- and -
LA CAPINERA LIMITED
doing business as JO-JOE FASHIONS
Defendants
TAXATION OF COSTS - REASONS
F. Pilon
Taxing Officer
This taxation of the Plaintiff's Bill of Costs proceeded upon the written representations of parties. Upon hearing the Plaintiff's application to strike out the amended Statement of Defence, the Prothonotary had ordered as follows:
"The Defendants forthwith shall pay the Plaintiff's costs of this motion, on a party-to-party basis."
Mr. Mirko Bibic, counsel for the Plaintiff, claims six (6) units for item five (5) (preparation and filing of contested motion). I am prepared to allow the number of units as requested, based upon the lengthy evidence put forward by Mr. Brown in support of the Plaintiff's motion. The claim in the amount of $525.00 for item six (6) (appearance on a motion) is reduced to $103.40. This figure is based upon the actual duration of the motion in Court (31 minutes x two (2) units) or 0.517 x $200.00).
Counsel claims the sum or $239.50 for in-house photocopies. With respect, I find the amount to be excessive in these circumstances. The evidence presented to support this item is not completely adequate in my view. I will allow $50.00 for photocopies. Finally, the expense of $12.14 for the use of the telecopier is allowed.
The Plaintiff's Bill of Costs presented at $1,376.64 is taxed and allowed in the amount of $765.54.
Dated at Halifax, Nova Scotia, this 11th day of June, 1997.
François Pilon
Taxing Officer
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: J.L. DE BALL CANADA INC.
- and -
421254 ONTARIO LTD.
and
LA CAPINERA LIMITED
doing business as JO-JOE FASHIONS
COURT NO.; T-252-95
TAXATION OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE
TAXATION OF COSTS - REASONS OF:
FRANÇOIS PILON, TAXING OFFICER, dated June 11, 1997.
SOLICITORS OF RECORD:
Stikeman, Elliott
Ottawa, ON
for the Plaintiff
Seon, Gutstadt, Salsberg
Willowdale, ON
for the Defendants