Date: 2421998
Docket: T-2826-93
BETWEEN:
RANDOLPH E. LIEB
Plaintiff
- and -
HER MAJESTY THE QUEEN
(in right of Canada)
Defendant
TAXATION OF COSTS - REASONS
FRANCOIS PILON, TAXING OFFICER
This is a taxation on a party-and-party basis of the Defendant's costs of this action.
These proceedings were commenced by way of a Statement of Claim filed on December 3, 1993. The Trial of this action took place at St. John's, Newfoundland on September 2, 1997 and the Court (The Honourable Mr. Justice Dubé) rendered his Judgment on September 10, 1997, dismissing the action with costs.
Mr. James D. Hughes, who is acting on behalf of the Defendant, filed a Bill of Costs on November 6, 1997 and requested that costs be assessed on the basis of written submissions, without personal appearance of parties. The Plaintiff Mr. Randolph E. Lieb is a lay litigant who represented himself throughout the proceedings.
On December 16, 1997 the Registry wrote to the parties inviting written representations from both sides and setting out time frames for the filing of their responses. Written submissions on behalf of the Plaintiff were filed on January 19,1998. I now proceed with the taxation of the Defendant's costs.
I have carefully reviewed the list of items claimed by counsel for the Defendant in accordance with the provisions of Rule 346(1) prior to exercising my discretion to allow, refuse or reduce a claim.
The Bill of Costs was filed as follows:
Column III
No. of Units
Item Taxable Service No. of Hours Sought Total Units
1 Preparation and filing of
Statement of Defence n/a 6 6
2 Preparation and filing of
Defence to Counterclaim n/a 6 6
4 Preparation and filing of
Joint Application for trial
date n/a 3 3
7 Preparation of Defendant's
List of Documents, Affidavit
and Inspection and filing n/a 4 4
8 Preparation for Examination
of Randolph E. Lieb n/a 4 4
9 Attending on Examination of
Discovery of Randolph E. Lieb n/a 3 6
13 Counsel Fees
(a) Preparation for Trial n/a 5 5
14 Counsel Fees
(a) to First Counsel per
hours in Court 9 3 27
24 Travel by counsel to
attend trial on Sept 2/97 4 4 16
25 Services after Judgment n/a 1 1
26 Taxation of costs 4 4
82 Units x $100.00 $8,200.00
DISBURSEMENTS
The Registry
Paid for issuance of four subpoenas $20
Sheriff
Paid Deputy Sheriff for service of two subpoenas 87.52
Other Disbursements as were reasonably necessary
(Tariff B, Part III, s.3)
Paid Darlene Wells, Re:Discovery 342.00
Paid for registered mail postage of document to R. Lieb 12.31
Paid Provincial Ticketing Centre for parking at the Court 12.00
Paid Conduct Money 462.40
Services, sales use or consumption taxes paid or payable on counsel fees and disbursements -
(Tariff B, Part III, s.2)
GST 196.10
HST 392.70
Total Costs $9,725.03
Mr. Hughes claims 6 units for items 1 and 2. I will reduce these 2 items to 4 units each.
The claim for 3 units for the preparation and filing of the Joint Application is taxed off in the absence of any specific provision in the Rules.
Items no. 7 and 8 are allowed as proposed at the 4 unit level, the affidavit of documents of the Defendant being reasonably lengthy and a supplementary list having been filed at a later date.
Item no. 9 is allowed in part (3 units for one hour) due to the lack of evidence that the examination of the Plaintiff lasted longer than 1 hour.
Item no. 13 is allowed at the 5 unit level.
Counsel claims $2,700.00 for counsel fees at trial based upon the duration of 9 hours at the 3 unit level. The minutes of hearing indicate that the trial lasted 7.5 hours, thus reducing the amount allowable to $2,250.00
Defendant claims 16 units under item 14 for travel by counsel. This item cannot be allowed by a Taxing Officer in the absence of specific provisions in the Judgment of the Court.
Item no. 25 is allowed and item 26 for the taxation of costs is not because this taxation has proceeded without the personal appearance of parties.
Disbursements
All items of disbursements are supported by acceptable evidence and will be allowed, with one exception. The amount of $462.40 for paid conduct money is not supported by the evidence and will be disallowed.
The harmonized sales tax of 15% payable on counsel fees and disbursements is allowed in the amount of $483.57.
The Defendant's Bill of Costs is assessed in the total amount of $5,707.40.
Francois Pilon
Taxing Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
COURT FILE NO.: T-2826-93
BETWEEN:
RANDOLPH E. LIEB
Plaintiff
- and -
HER MAJESTY THE QUEEN
(in right of Canada)
Defendant
TAXATION IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
TAXATION OF COSTS-REASONS BY FRANCOIS PILON, TAXING OFFICER
DATE OF REASONS: February 24, 1998
BILL OF COSTS SUBMITTED BY: Mr. James D. Hughes for the Defendant
SOLICITORS OF RECORD:
Hughes & Brannan
St. John's, Newfoundland for the Defendant