Date: 20050711
Docket: T-380-03
Citation: 2005 FC 976
Between:
ECLIPSE INTERNATIONAL FASHIONS CANADA INC.
Applicant
AND
GRAHAM WEBB INTERNATIONAL LIMITED PARTNERSHIP INC.
Respondent
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On October 29, 2003, the Court granted with costs the applicant's originating motion filed pursuant to 300 Rules of the Federal Court Rules. At the applicant's request, the assessment of its bill of costs proceeded on the basis of the parties' submissions in writing.
[2] After reviewing those submissions, the applicant's fees are set at $1,440.00 for the following items of Tariff B: item 1 (4 units), 13 (5 units) and 26 (3 units). The services rendered for preparing and filing the originating motion, including the documentary evidence, are compensated under item 1 of the Tariff. Items 4 to 6 are reserved for interlocutory motions filed during the proceedings. The claim made under item 7 is denied because there is no affidavit of documents within the meaning of rule 223 in the record. Such an affidavit is usually prepared in the context of an action, not an application. I reduced the number of units claimed for the assessment of costs to 3 because it was not a very complex matter. Note that the unit value was amended on April 1, 2005, increasing from $110 to $120. The fees were calculated accordingly.
[3] With respect to the expenses incurred in this matter, they are allowed as claimed in the amount of $646.99, as they are found to be reasonable.
[4] The applicants costs are assessed and allowed in the amount of $2,086.99. A certificate is issued for that amount.
DATED AT MONTRÉAL, THE 11th DAY OF JULY 2005
Signed: "Michelle Lamy" |
MICHELLE LAMY ASSESSMENT OFFICER |
Certified true translation
Kelley A. Harvey, BCL, LLB
SOLICITORS OF RECORD
Between:
ECLIPSE INTERNATIONAL FASHIONS CANADA INC.
Applicant
AND
GRAHAM WEBB INTERNATIONAL LIMITED PARTNERSHIP INC.
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: JULY 11, 2005
SOLICITORS OF RECORD:
Dagenais et Associés
Montréal, Quebec For the applicant
Sim Hughes Ashton & McKay
Toronto, Ontario For the respondent