Federal Court Decisions

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Date: 20040504

Docket: T-468-03

Citation: 2004 FC 664

                                                  ADMIRALTY ACTION IN REM

                                                           AND IN PERSONAM

BETWEEN:

                                    NORTHWEST DELTA YACHT SERVICES INC.

                                                                                                                                               Plaintiff

                                                                         - and -

                                           SOVEREIGN YACHTS (CANADA) INC.,

                                              MR. & MRS. STEPHEN STRIEBEL,

                               THE OWNERS AND ALL OTHERS INTERESTED IN

                                  THE MOTOR YACHT CHAIRMAN, also known as

                                               SOVEREIGN HULL NUMBER 7644

                                                                                                                                         Defendants

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer


[1]                The Court granted summary judgment and dismissed the action with costs as against the Defendant Stephen Striebel (hereafter the "Defendant Striebel"). The Plaintiff's president and owner appeared before me instead of the counsel of record in order to save costs. His submissions did not establish any issues which might have led to a reduction of the revised bill of costs of the Defendant Striebel. However, after I noted that I agreed that it was proper to claim a separate item 6 for an appearance resulting in an order silent as to costs and adjourning the motion for summary judgment to a subsequent day, but that the indemnification for the first appearance should be restricted to one hour given a duration of approximately ten minutes, counsel for the Defendant Striebel agreed to a reduction to one hour at 2 units per hour. In all other respects, I allowed the revised bill of costs as presented.

[2]                The revised bill of costs of the Defendant Striebel, presented at $4,402.73, is assessed and allowed at $4,150.83

(Sgd.) "Charles E. Stinson"

      Assessment Officer


                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-468-03

STYLE OF CAUSE:                          NORTHWEST DELTA YACHT SERVICES INC.

- and -

SOVEREIGN YACHTS (CANADA) INC. et al.

PLACE OF HEARING:                    Vancouver, BC

DATE OF HEARING:                      May 4, 2004

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                  May 4, 2004

APPEARANCES:

Mike Pongracic                                                                         for himself

David F. McEwen, Q.C.                                                           for Defendant Stephen Striebel

SOLICITORS OF RECORD:

Ryan Law Group                                                                       for Plaintiff

Delta, BC

McEwen, Schmitt & Co.                                                           For Defendant Stephen Striebel

Vancouver, BC


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