No. T-1317-91
BETWEEN:
| AMERICAN PRESIDENT LINES LTD. |
Plaintiff
| AND: |
NAZIR ESMAIL
Defendant
TAXATION OF COSTS - REASONS
M. LAMY
TAXING OFFICER
On December 18, 1996, the Court allowed the Plaintiff's motion for a default judgment and ordered the Defendant to pay the sum of $18,006.92 as well as costs and interest from February 26, 1992. On May 21, 1997, Mr. Jean-François Bilodeau made his submissions on behalf of the Plaintiff with respect to his costs claimed under Column III of Tariff B.
FEES
| Items Services Units |
| 1 Preparation and filing of Statement of Claim 4 |
| 3 Amendment of Statement of Claim 3 |
| 4 Preparation and filing of motion to amend the Statement of Claim 2 |
| (motion no. 1) |
| 4 Preparation and filing of motion for default judgment 3 |
| (motion no. 2) |
| 26 Taxation of costs 3 |
At taxation Mr. Bilodeau amended his bill to request 2 units under item 26. He also added 2 claims of 1 unit under item 6 for his appearances on motions 1 and 2. The amendments made are granted as well as the number of units claimed under the other items. The amount of $33.40 is allowed under item 6 (0.167 x $200.00) as the hearings lasted 10 minutes in all. The sum of $1,433.40 is awarded for the Plaintiff's fees.
DISBURSEMENTS
The following disbursements are claimed in connection with this action:
Tariff A - Court costs $50.00
Bailiff 239.95
Corporate search 108.00
Photocopies 53.20
Courier 111.15
Taxi 41.01
Court runner 28.00
Telefax 11.33
Telephone $3.78
The fees paid by the Plaintiff under Tariff A as well as the other expenses, except for taxi fares and the use of a court runner, are allowed as it is reasonable to believe that they were necessary in the case at bar. On the basis of the record before me, I arrive at the conclusion that a fair number of essential pages of photocopy would be 150 pages. Therefore, the amount of $37.50 (150 x $0.25) is awarded for the in-house costs of photocopying. The expenses made for taxis and the use of a court runner are not allowed as they should be considered as operating expenses. The sum of $561.71 is awarded for the Plaintiff's disbursements.
The Plaintiff's bill of costs is taxed and allowed in the amount of $2,266.55 including GST and QST ($1,945.11 x 7% x 6.5% + $50.00 Tariff A). A certificate is issued for that amount.
DATED AT MONTREAL, QUEBEC, THIS 2nd DAY OF JUNE 1997.
| MICHELLE LAMY |
| TAXING OFFICER |
T-1317-91
| AMERICAN PRESIDENT LINES LTD. |
| Plaintiff |
| NAZIR ESMAIL |
| Defendant |
TAXATION OF COSTS - REASONS
T-1317-91
| AMERICAN PRESIDENT LINES LTD. |
| Plaintiff |
| NAZIR ESMAIL |
| Defendant |
CERTIFICATE OF TAXATION
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-1317-91
| BETWEEN: AMERICAN PRESIDENT LINES LTD. |
Plaintiff
| AND: |
| NAZIR ESMAIL |
| Defendant |
PLACE OF TAXATION: Montreal (Quebec)
DATE OF TAXATION: May 21, 1997
REASONS FOR TAXATION
BY: M. Lamy
DATED: June 2, 1997
APPEARANCE:
| Mr. Jean-François Bilodeau for the Plaintiff |
SOLICITOR OF RECORD:
| SPROULE CASTONGUAY POLLACK for the Plaintiff |
Montreal, Quebec