Date: 19991019
Docket: T-737-99
BETWEEN:
AUDI AKTIENGESELLSCHAFT,
VOLKSWAGEN AKTIENGESELLSCHAFT
and VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
CITY DOME FINE CAR COLLISION CENTRE INC.
d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS
Defendant
ASSESSMENT OF COSTS - REASONS
[1] The Statement of Claim in this action was filed on April 26th, 1999. The Defendant did not file a Statement of Defence. On the 7th of June, 1999 the Court granted default judgement, enjoining the defendant from using the plaintiffs" trade marks and awarded costs of the action to the plaintiffs to be assessed in accordance with the high end of column III, and disbursements.
[2] On August the 11th 1999, the plaintiffs filed a Bill of Costs and sought an appointment for Assessment of their Costs. An appointment issued returnable the 13th of October, 1999.
[3] The assessment proceeded before me on the 13th of October, 1999 and Mr. L. E. Trent Horne appeared on behalf of the plaintiffs, no one appeared on behalf of the defendant although duly served with the appointment for Assessment of Costs as, evidenced by the Affidavit of Gordon R. Smith sworn 31st of August 1999.
[4] On the assessment I reviewed the items as listed in the Bill of Costs and found all to be properly claimed and, as directed by the judgement of the Court, I allowed those claims at the high end of column III of the tariff.
[5] Furthermore, in the absence of opposing argument, and on the evidence presented, I am satisfied that the items claimed as disbursements were reasonably expended for the conduct of this proceeding. Consequently, I allow the disbursements as claimed.
[6] The Plaintiffs" Bill of Costs is assessed in the amount of $2100.00 for counsel fees, $402.67 for disbursements, and $163.84 for GST for a total of $2666.57. A Certificate confirming this assessment will issue forthwith.
Peter Pace
Assessment Officer
Toronto, Ontario
October 19, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-737-99
AUDI AKTIENGESELLSCHAFT,
VOLKSWAGEN AKTIENGESELLSCHAFT
and VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
CITY DOME FINE CAR COLLISION CENTRE INC.
d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS
Defendant
DATE OF ASSESSMENT: October 13, 1999
| PLACE OF ASSESSMENT: Toronto, Ontario |
REASONS BY: P. Pace, Assessment Officer
| DATE OF REASONS: October 19, 1999 |
APPEARANCES:
Trent L. E. Horne for the Plaintiffs
No one appearing for the Defendant
SOLICITORS OF RECORD:
Sim, Hughes, Ashton & McKay
L.E. Trent Horne
Barristers & Solicitors
330 University Avenue
6th Floor
Toronto, Ontario
M5G 1R7 for the Plaintiffs
| No solicitor on record for the Defendant |
FEDERAL COURT OF CANADA
Date: 19991019
Docket: T-737-99
Between:
AUDI AKTIENGESELLSCHAFT,
| VOLKSWAGEN AKTIENGESELLSCHAFT |
and VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
| CITY DOME FINE CAR COLLISION CENTRE INC. |
| d.b.a. DOWNTOWN DIRECT MECHANICAL REPAIRS |
Defendant
ASSESSMENT OF COSTS - REASONS