Date: 20050809
Docket: T-937-03
Citation: 2005 FC 1082
Between:
LES ENGRAIS NATURELS McINNES INC./
McINNES NATURAL FERTILIZERS INC.
Plaintiff
AND
BIO-LAWNCARE SERVICES INC.
AND
MRL HORTICULTURAL SERVICES
AND
MITCHELL LEVINE
Defendants
ASSESSMENT OF COSTS BREASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On April 20, 2005, we proceeded with the assessment of costs following the judgment by default obtained by the plaintiff on July 22, 2004. This is now the assessment of costs for a motion for special mode of service granted by the Court on February 11, 2005.
[2] On July 12, we sent a letter to the defendants by registered mail, requesting that they submit their written submissions. All of it was returned to us on August 8 marked "unclaimed". In the circumstances, I am prepared to proceed with the assessment based on the proceedings in the record.
[3] The fees for this motion are set at $690.15 ($600+ taxes) for items 4 (3 units) and 26 (2 units). I award 2 units for the assessment because it was a very simple matter. The claim made under item 25 is denied: this item is used to compensate services rendered by counsel after the final judgment and not after an interlocutory injunction. As the value of the unit has been $120 since April 1, 2005, I took that into account in calculating the fees.
[4] The disbursements of $170.71 incurred for photocopying and service fees are approved as claimed.
[5] The plaintiff's costs for this motion are assessed and allowed in the amount of $860.86. A certificate is issued for that amount.
DATED AT MONTRÉAL, THE 9th DAY OF AUGUST 2005
Signed:"Michelle Lamy" |
MICHELLE LAMY ASSESSMENT OFFICER
|
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
Between:
LES ENGRAIS NATURELS McINNES INC./
McINNES NATURAL FERTILIZERS INC.
Plaintiff
AND
BIO-LAWNCARE SERVICES INC.
AND
MRL HORTICULTURAL SERVICES
AND
MITCHELL LEVINE
Defendants
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: August 9, 2005
SOLICITORS OF RECORD:
Fontaine, Panneton & Associés
Sherbrooke, Quebec For the plaintiff