Federal Court Decisions

Date: 20050711

Docket: T-380-03

Citation: 2005 FC 976

Between:

ECLIPSE INTERNATIONAL FASHIONS CANADA INC.

Applicant

AND

GRAHAM WEBB INTERNATIONAL LIMITED PARTNERSHIP INC.

Respondent

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On October 29, 2003, the Court granted with costs the applicant's originating motion filed pursuant to 300 Rules of the Federal Court Rules. At the applicant's request, the assessment of its bill of costs proceeded on the basis of the parties' submissions in writing.

[2]                After reviewing those submissions, the applicant's fees are set at $1,440.00 for the following items of Tariff B: item 1 (4 units), 13 (5 units) and 26 (3 units). The services rendered for preparing and filing the originating motion, including the documentary evidence, are compensated under item 1 of the Tariff. Items 4 to 6 are reserved for interlocutory motions filed during the proceedings. The claim made under item 7 is denied because there is no affidavit of documents within the meaning of rule 223 in the record. Such an affidavit is usually prepared in the context of an action, not an application. I reduced the number of units claimed for the assessment of costs to 3 because it was not a very complex matter. Note that the unit value was amended on April 1, 2005, increasing from $110 to $120. The fees were calculated accordingly.

[3]                With respect to the expenses incurred in this matter, they are allowed as claimed in the amount of $646.99, as they are found to be reasonable.

[4]                The applicants costs are assessed and allowed in the amount of $2,086.99. A certificate is issued for that amount.

DATED AT MONTRÉAL, THE 11th DAY OF JULY 2005