Federal Court of Appeal Decisions

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     Date: 19981001

     Docket: A-556-94

BETWEEN:     

     GARFIELD CONTAINER TRANSPORT INC.

     Appellant

     - and -

     UNIROYAL GOODRICH CANADA INC.

     Respondent

     ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER:

[1]      This concerns an appeal of a judgment of the Trial Division which was dismissed with costs on April 30, 1998. The assessment of costs for the Appeal and Trial Divisions was held on September 29 in the presence of Francis Rouleau, counsel for the appellant and Sébastien Grammond, counsel for the respondent.

[2]      At the hearing, Mr. Grammond withdrew his claim under item 18 of the Tariff because the appeal book was prepared by the appellant. The counsel fees requested under items 19 and 22(a) are allowed as claimed. As for the assessment of costs, I allow 2 units under item 26. The Appeal and Trial Division memoranda were heard together and the submissions of the parties were short.

[3]      The respondent"s memorandum is assessed in the amount of $1,300 and a certificate is issued for this amount.

    

     MICHELLE LAMY

     ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

October 1, 1998

Certified true translation

M. Iveson

     FEDERAL COURT

     APPEAL DIVISION


Date: 19981001


Docket: A-556-94

Between:

GARFIELD CONTAINER TRANSPORT INC.

     Appellant

-and-

UNIROYAL GOODRICH CANADA INC.

     Respondent

    

     ASSESSMENT OF COSTS - REASONS

    

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:              A-556-94

STYLE OF CAUSE:         

                     GARFIELD CONTAINER TRANSPORT INC.

     Appellant

                     - and -

                     UNIROYAL GOODRICH CANADA INC.

     Respondent

PLACE OF ASSESSMENT:          Montréal, Quebec
DATE OF ASSESSMENT:          September 29, 1998

ASSESSMENT OF COSTS - REASONS OF M. LAMY, ASSESSMENT OFFICER

DATE OF REASONS:          October 1, 1998

APPEARANCES:         

Francis Rouleau              for the appellant
Sébastien Grammond              for the respondent

SOLICITORS OF RECORD:

Marler Sproule Castonguay

Montréal, Quebec              for the appellant
Byers Casgrain              for the respondent

Montréal, Quebec

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