BETWEEN:
Applicant
and
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 July 29, 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 $93.23 for long distance telephone calls, registered mail costs, 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 $1,661.56. An assessment certificate will be issued for that amount.
______Diane Perrier__
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
May 30, 2006
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-487-05
STYLE OF CAUSE: DESGAGNÉS TRANSARCTIK INC.
Applicant
and
PAT'S PARTS (KUUJJUAQ) INC.
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
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SOLICITORS OF RECORD:
Étude légale Guy Vaillancourt Québec, Quebec
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FOR THE APPLICANT |
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