Date: 19990910
Docket: T-2169-98
BETWEEN:
AUDI AKTIENGESELLSCHAFT,
VOLKSWAGEN AKTIENGESELLSCHAFT and
VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
HAYMAN MOTORS LTD.
Defendant
ASSESSMENT OF COSTS - REASONS
G.G. Wilkins,
Assessment Officer
[1] This is an assessment of the Plaintiffs' Bill of Costs following Judgment dated April 19, 1999 awarding the costs of this action on a solicitor and client scale.
[2] An Appointment issued on June 2, 1999 for this assessment to be heard at Toronto, Ontario, on June 22, 1999. Counsel for the Plaintiffs appeared at the hearing. Although duly served with the Appointment, no one appeared on behalf of the Defendant.
[3] On the basis of the Plaintiffs' representations, I am prepared to allow the fees claimed for the services of counsel in an amount of $3,200.00. They are quite reasonable in the circumstances of this case. I am prepared as well to allow the amount of $732.94 claimed for disbursements and taxes. They include, however, an item of $46.96 which was identified in the Plaintiffs' Bill as a levy surcharge of the Lawyers Professional Indemnity Corporation for commencement of this action. As was noted in an earlier assessment in this Court in the case of ERA Electronics (Canada) Ltd. v. Quebec North Shore et al, unreported, Court file no. T-334-95, Jan. 17/97, this item may very well turn out to be an overhead expense not properly recoverable on a party and party assessment. It is, therefore, not without some hesitation that I will nevertheless allow it because, in the absence of adverse argument, its appears on its face to be a proper disbursement in this case.
[4] In conclusion, the Plaintiffs' costs are assessed and allowed in the total amount of $3,932.94. A Certificate of Assessment will issue accordingly.
(signed: Gordon G. Wilkins)
Gordon G. Wilkins
Assessment Officer
Ottawa, Ontario
September 10, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-2169-98
AUDI AKTIENGESELLSCHAFT,
VOLKSWAGEN AKTIENGESELLSCHAFT and
VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
HAYMAN MOTORS LTD.
Defendant
DATE OF ASSESSMENT: June 22, 1999
PLACE OF ASSESSMENT: Toronto, Ontario
REASONS BY G.G. WILKINS, ASSESSMENT OFFICER
DATE OF REASONS: September 10, 1999
APPEARANCES:
Arthur B. Renaud for the Plaintiffs
No one appearing for the Defendant
SOLICITORS OF RECORD:
SIM, HUGHES, ASHTON & McKAY
Barristers & Solicitors
Toronto, Ontario for the Plaintiffs