Federal Court Decisions

Date: 20060530

Docket: T-488-05

Citation: 2006 FC 659

BETWEEN:

NAVIGATION DESGAGNÉS INC.

Applicant

and

CIMENT CEMCO

Respondent

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the assessment of the applicant’s bill of costs following an ex parte motion by default, allowed by the Court on October 26, 2005, with costs against the respondent.

[2]               On November 3, 2005, applicant’s counsel filed the assessment of costs and asked that it be assessed without personal appearance by the parties.

[3]               A letter was sent to the parties setting a schedule for filing their written submissions. As no submissions have been filed to date, I shall now proceed with the assessment of costs in accordance with the documents in the record.

[4]               The applicant’s fees are allowed in the amount of $1,518.33 ($1,320 + GST and QST) as well as the court fees in the amount of $50. I allowed item 25 (1 unit x $120/unit) as claimed. I reduced the number of units for items 1 (5 units x $120/unit), 4 (3 units x $120/unit) and 26 (2 units x $120) since there was no explanation given to justify the maximum number of units provided for services rendered under column III of Tariff B. With regard to item 7, it is denied because this item is meant to compensate services rendered under section 222 et seq. of the Federal Courts Rules addressing discovery of documents and not in the context of a motion. The unit value of Tariff B was amended on April 1, 2005, increasing from $110 per unit to $120; I amended the fees claimed accordingly.

[5]               The disbursements in the amount of $109.10 for registered mail services, bailiff fees, copies and binding of the motion record and photocopies are awarded since they were established by affidavit and appear to be reasonable under the circumstances.

[6]               The applicant’s bill of costs is assessed in the amount of $1,677.43. An assessment certificate will be issued for that amount.

________________________

        DIANE PERRIER

ASSESSMENT OFFICER

QUÉBEC, QUEBEC

May 30, 2006

Certified true translation

Kelley A. Harvey, BCL, LLB

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-488-05

STYLE OF CAUSE:                          NAVIGATION DESGAGNÉS INC.

Applicant

and

CIMENT CEMCO INC.

Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE   

PLACE OF ASSESSMENT:             Québec, Quebec        

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER   

DATE OF REASONS:                      May 30, 2006

SOLICITORS OF RECORD: