Date: 20040526
Citation: 2004 FC 766
Between:
INTERBOX PROMOTION CORPORATION
AND
9012-4314 QUÉBEC INC. (HIPPO CLUB)
BANK-O-BAR,
BAR DU ZOO,
BAR LE VERSATILE INC.,
2548-8024 QUÉBEC INC. (BAR L'ÉTRIER),
BRASSERIE LA BROUE LIB 80,
LA QUEUE DE BILLARD
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On October 27, 2003, the Court ordered that the action against the defendant 9012-4314 Québec Inc. (Hippo Club) be dismissed; with costs to the Hippo Club. The action against the other defendants was allowed in part with costs against each of them. Folllowing this decision, this assessment took place on May 18, in the presence of Olivier Kaade, for the plaintiff, and Stéphane Pitre, representing 9012-4314 Québec Inc. (Hippo Club). The other defendants were not represented despite having been served.
[2] At the hearing, Mr. Pitre amended his bill of costs so that the fees would be assessed under column III of Tariff B, in accordance with rule 407 of the Federal Court Rules, 1998. He also reduced the number of units claimed under items 13(a) (9 to 5 units), 13(b) (6 to 3 units), 14(a) (4 to 3 units X 11 hours) and 15 (9 to 7 units) for a total of 66 units, i.e. $8,350.08 (66 units X $110/unit X taxes). The disbursements are allowed as follows: $799.53 ($695.18 plus taxes) for facsimile expenses, long distance and photocopies and $150.20 (taxes included) for miscellaneous expenses. Given that the plaintiff does not object to the Hippo Club's bill of costs, as amended, its costs will be assessed and allowed in the amount of $9,299.81. A certificate is issued in this amount.
[3] The plaintiff's bills of cost against the other defendants are assessed as claimed with the exception of the fees requested under item 14(a) of Tariff B. I reduced the number of hours in each bill of costs from 14 to 11 hours to comply with that which was claimed by and awarded to the defendant Hippo Club.
[4] Accordingly, certificates attesting to the assessment of costs against the defendants are issued in the amounts of $9,677.98 (Piscine Varennes Inc. carrying on business as La Queue de Billard), $9,641.60 (Brasserie Broue Lib (1980) Inc. carrying on business as Brasserie La Broue Lib 80), $9,676.10 (2548-8024 Québec Inc. carrying on business as Bar L'Étrier), $9,646.79 (Transport Wilfrid Dionne Inc. carrying on business as Bar du Zoo), $9,651.99 (Les Placements G.R.M.S. Inc. carrying on business as Bank-O-Bar) and $9,641.60 (Bar Le Versatile Inc.).
Signed: "Michelle Lamy" MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 26, 2004
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET NUMBER: T-1788-99
Between:
INTERBOX PROMOTION CORPORATION
Plaintiff
AND
9012-4314 QUÉBEC INC. (HIPPO CLUB)
BANK-O-BAR,
BAR DU ZOO,
BAR LE VERSATILE INC.,
2548-8024 QUÉBEC INC. (BAR L'ÉTRIER),
BRASSERIE LA BROUE LIB 80,
LA QUEUE DE BILLARD
Defendants
ASSESSMENT OF COSTS: May 18, 2004
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: May 26, 2004
SOLICITORS OF RECORD:
McCarthy Tétrault
Montréal, Quebec For the plaintiff