Date: 19980218
Docket: T-2102-96
| ACTION IN PERSONAM AGAINST LLOYD BANDY c.o.b. as INTERNATIONAL TIRE AND AUTO EXPORTERS |
BETWEEN:
| 2638-7845 INC. |
Plaintiff
| AND: |
LLOYD BANDY
| and |
| 735907 ONTARIO INC. |
Defendants
TAXATION OF COSTS - REASONS
MICHELLE LAMY, TAXING OFFICER:
[1] This taxation is further to the default judgment pronounced on July 28, 1997, allowing the plaintiff's action with costs. The only person present on February 11, 1998, was Mr. Robert Fosco, for the plaintiff, to make representations in support of his bill of costs.
[2] In his bill of costs the plaintiff is claiming the following items of Tariff B:
| Items |
Taxable Services |
Column III/Units |
| 1 |
Preparation and filing of originating documents: - Statement of Claim - Amended Statement of Claim |
7 7 |
| 4 |
Preparation of: - Motion for default judgment dated December 9, 1996 (motion no. 1) - Motion to dismiss Defendants' Pleading dated April 21, 1997 (motion no. 2) - Motion for default judgment dated July 28, 1997 (motion no. 3) |
4 4 4 |
| 6 |
Appearance on motion no. 1 Appearance on motion no. 2 Appearance on motion no. 3 |
3 3 3 |
| 25 |
Services after judgment |
1 |
| 26 |
Taxation of costs |
6 |
| 27 |
Other services |
3 |
[3] In light of the criteria set out in Rule 346(1.1) and the pleadings found in file, the items claimed are awarded as follows:
| - I allow 5 units under item 1 for the preparation and filing of plaintiff's originating documents including the amended statement of claim; |
| - The units claimed for services rendered under items 4 and 6 for motions 1 and 2 are refused since no costs were awarded by the Court for those motions. As for motion 3, I allow 2 units under item 4 and the same number of units under item 6. The amount of $16.60 is awarded for appearance on motion 3 (0.083 x $200.00) as the hearing lasted 5 minutes; |
| - Item 25 is taxed as requested; |
| - The fees of $600.00 for the taxation of costs claimed under item 26 are reduced to $300.00 as the taxation proceeding was not contested; |
| - No fees are allowed on item 27 as no acceptable explanation has been given to justify compensation under this item. |
[4] The fees of $150.00 paid by the plaintiff under Tariff A as well as the disbursements incurred in respect of this action are allowed as follows: $18.20 (photocopies), $84.99 (fax charges), $9.00 (postage), $5.66 (telephone charges), $36.00 (courier), $47.80 (corporate research). The record establishes that these expenses were reasonable in the circumstances. The expenses made for taxis ($28.96) and the use of a court runner ($150.50) are not allowed as they should be considered as operating expenses.
[5] The Plaintiff's bill of costs is taxed and allowed in the amount of $1,666.32 including GST and QST ($1,318.25 x 7% x 7.5% + $150 Tariff A). A certificate is issued for that amount.
MICHELLE LAMY
TAXING OFFICER
MONTREAL (QUEBEC)
February 18, 1998
[6]
FEDERAL COURT OF TRIAL
Date: 19980218
Docket: T-2102-96
ACTION IN PERSONAM AGAINST LLOYD BANDY c.o.b. as INTERNATIONAL TIRE AND AUTO EXPORTERS
BETWEEN:
2638-7845 INC.
Plaintiff
AND:
LLOYD BANDY
and
735907 ONTARIO INC.
Defendants
TAXATION OF COSTS - REASONS
FEDERAL COURT OF TRIAL
Date: 19980218
Docket: T-2102-96
ACTION IN PERSONAM AGAINST LLOYD BANDY c.o.b. as INTERNATIONAL TIRE AND AUTO EXPORTERS
BETWEEN:
2638-7845 INC.
Plaintiff
AND:
LLOYD BANDY
and
735907 ONTARIO INC.
Defendants
CERTIFICATE OF TAXATION
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBER: T-2102-96
| ACTION IN PERSONAM AGAINST LLOYD BANDY c.o.b. as INTERNATIONAL TIRE AND AUTO EXPORTERS |
| BETWEEN: 2638-7845 INC. |
Plaintiff
| AND: |
LLOYD BANDY
| and |
735907 ONTARIO INC.
Defendants
| PLACE OF TAXATION: Montreal (Quebec) |
| DATE OF TAXATION: February 11, 1998 |
REASONS FOR TAXATION BY: M. Lamy
| DATED: February 18, 1998 |
APPEARANCE:
| Mr. Robert Foscofor the Plaintiff |
SOLICITORS OF RECORD:
| McMaster Meighenfor the Plaintiff |
Montreal, Quebec
| Mr. A. Edward Tonellofor the Defendant LLoyd Bandy |
Toronto, Ontario[7]