Date: 19980506
Docket: T-2472-97
ACTION IN PERSONAM AGAINST THE BUNKERS
AND FREIGHT OF THE SHIP "ALAM VERACRUZ"
AND IN PERSONAM AGAINST PACNAV S.A.
BETWEEN:
| SCANDIA SHIPPING AGENCIES INC., |
Plaintiff,
| -and- |
| THE OWNERS AND ALL OTHER INTERESTED IN THE BUNKERS AND FREIGHT OF THE SHIP "ALAM VERACRUZ" |
| -and- |
| PACNAV S.A., |
Defendants.
TAXATION OF COSTS - REASONS
MICHELLE LAMY, TAXING OFFICER:
[1] On December 5, 1997, Mr. Richard Morneau, Prothonotary, rendered an order striking out the Plaintiff's action in rem and quashing the arrest of the bunkers and freight of the ship "Alam Veracruz", the vessel of the Defendants. The appeal of this decision has been dismissed with costs on December 23, 1997, by Mr. Justice Dubé.
[2] Mr. Francis Rouleau appeared on April 20, 1998, for the taxation of the Defendant Pacnav S.A.'s bill of costs. Mr. Louis Charette was present for the Plaintiff.
FEES
[3] In his bill, the Defendant is claiming the following items of Tariff B:
| Items |
Taxable Services |
No. of hours |
Column III/Units |
| 5 |
Preparation of Motion to quash arrest and dismiss in rem action |
7 |
|
| Preparation for Motion to suspend judgment |
7 |
||
| Preparation for Appeal of Prothonotary's Order |
7 |
||
| 6 |
Appearance on motion to quash arrest and dismiss in rem action |
2.5 |
3 |
| Appearance on motion to suspend judgment |
1.00 |
3 |
|
| Appearance at Appeal of Prothonotary's Order |
2.00 |
3 |
|
| 8 |
Preparation for cross-examination of S. Stavrinidis |
5 |
|
| 9 |
Attendance at cross-examination |
1.00 |
3 |
[4] Taking into account the representations of both parties, the evidence submitted in support of the bill of costs and the criteria stated in Rule 346 (1.1) of the Federal Court Rules, C.R.C. c. 663, I believe that the following is a fair compensation for services rendered by counsel.
[5] I award 5 units for the preparation and filing of the notice of application to quash the arrest and dismiss the action and 3 units for preparation for the appeal of the Prothonotary's order.
[6] Since there is no direction by the Court in respect of the Plaintiff's motion to suspend, I cannot decide on my own initiative to award them to the Defendant. Therefore, no fees are allowed for items 5 and 6 regarding this pleading.
[7] I allow the maximum provided in column III under item 6 for the hearing of the motion to quash the arrest and the appearance at the appeal of the Prothonotary's order as the workload justifies it. Counsel for the Defendant is entitled to recover the sum of $1,050.00 for his appearances, i.e. $750.00 for the motion to quash (3 units x $100 x 2.5 hours) and $300.00 for the Appeal (3 units x $100 x 1.0 hour). The record reveals that the time spent in Court for the hearing of the Appeal is one hour.
[8] Although the cross-examination of Mr. S. Stavrinidis helped to establish that the Statement of Claim discloses no reasonable cause of action in rem, I allow 4 and 2 units for items 8 and 9 as the time spent for the examination is relatively short.
[9] The Defendant's fees under Part II of the Tariff are taxed at $2,450.00.
DISBURSEMENTS
[10] With respect to the disbursements incurred under Part III of the Tariff, they are allowed as claimed except for the sum of $43.18 for taxis as this expense should be considered as an operating expense. At the hearing counsel for the Plaintiff did not object to the various disbursements claimed. Mr. Rouleau pointed out that his client is in Mexico which explains the amounts spent, inter alia, for telephone and fax charges. The Defendant's expenses are taxed at $1,205.19.
[11] The Defendant Pacnav' S.A.'s bill of costs is taxed and allowed in the amount of $3,655.19. A certificate is issued for that amount.
MICHELLE LAMY
TAXING OFFICER
MONTREAL (QUEBEC)
May 6, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-2472-97
| ACTION IN PERSONAM AGAINST THE BUNKERS AND FREIGHT OF THE SHIP "ALAM VERACRUZ" AND IN PERSONAM AGAINST PACNAV S.A. |
| BETWEEN: SCANDIA SHIPPING AGENCIES INC., |
Plaintiff,
| AND: |
| THE OWNERS AND ALL OTHER INTERESTED IN THE BUNKERS AND FREIGHT OF THE SHIP "ALAM VERACRUZ", |
| PACNAV S.A., |
Defendants.
| PLACE OF TAXATION: Montreal (Quebec) |
| DATE OF TAXATION: April 20, 1998 |
| REASONS FOR TAXATION BY: M. Lamy |
| DATED: May 6, 1998 |
APPEARANCE:
| Mr. Louis Charette for the Plaintiff |
| Mr. Francis Rouleau for the Defendants |
SOLICITORS OF RECORD:
| Lavery, de Billy for the Plaintiff |
Montreal, Quebec
| Sproule, Castonguay, Pollack for the Defendants |
Montreal, Quebec
FEDERAL COURT OF TRIAL
Date: 19980506
Docket: T-2472-97
ACTION IN PERSONAM AGAINST THE BUNKERS AND FREIGHT OF THE SHIP "ALAM VERACRUZ" AND IN PERSONAM AGAINST PACNAV S.A.
BETWEEN:
SCANDIA SHIPPING AGENCIES INC.,
Plaintiff,
AND:
THE OWNERS AND ALL OTHER INTERESTED IN THE BUNKERS AND FREIGHT OF THE SHIP "ALAM VERACRUZ"
-and-
PACNAV S.A.,
Defendants.
TAXATION OF COSTS - REASONS