Date: 20060209
Docket: T-611-01
Citation: 2006 FC 167
BETWEEN:
FORTIER 2000 LTÉE
AND
MARCEL MATIÈRE
AND
MARCEL MATIÈRE
BÉTON PROVINCIAL LTÉE
Plaintiffs by counterclaim
AND
FORTIER 2000 LTÉE
Defendant to counterclaim
ASSESSMENT OF COSTS – REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On July 20, 2005, the Court granted in the following terms the motion by counsel for Béton Provincial Ltée to be removed as solicitor of record:
[translation]
ORDERS that Gowling Lafleur Henderson LLP serve on the Plaintiff by counterclaim, Béton Provincial Ltée, the Order of this Court within five days of the date of this Order;
ORDERS that the Order to remove as solicitor of record will take effect from the filing by Gowling Lafleur Henderson LLP of evidence of its service on the Plaintiff by counterclaim, Béton Provincial Ltée, as specified under subsection 125(4) of the Federal Courts Rules;
ORDERS that the Plaintiff by counterclaim, Béton Provincial Ltée, retain new counsel within twenty (20) days of the service of this Order and advise the Plaintiff/Defendant to counterclaim, Fortier 2000 Ltée, thereof within this same time limit or, in the alternative, invoke section 120 of the Federal Courts Rules, if applicable, as the case may be;
DECLARES that, insofar as the Plaintiff by counterclaim, Béton Provincial Ltée, fails to comply with the time limit of twenty (20) days to retain new counsel and advise the Plaintiff/Defendant to counterclaim, Fortier 2000 Ltée, thereof within this time limit or, as the case may be, invoke section 120 of the Federal Courts Rules and advise the Plaintiff/Defendant to counterclaim, Fortier 2000 Ltée, thereof within said time limit, the Plaintiff by counterclaim, Béton Provincial Ltée, will be deemed to have discontinued its counterclaim, with costs, considering the absence of instructions and the time elapsed in this case.
[2] To come into force, it is clear that all of the conditions of this order must be met for the alleged discontinuance of the plaintiff by counterclaim, Béton Provincial Ltée, to take effect. Although the firm Gowling Lafleur Henderson served the order of July 20 within the specified time limit, the evidence was only submitted today. The only evidence on record of the service of this order concerns the defendant, Marcel Matière. Meanwhile, on January 30, 2006, Béton Provincial filed a notice of change of solicitor.
[3] I acknowledge that I have no authority to assess the bill of costs, because the discontinuance with costs in favour of Fortier 2000 Ltée has not taken effect, owing to a mistake in filing the proof of service. However, I must comply with the terms of this order and, unfortunately, do not have the authority to change them.
[4] Under these circumstances, I terminated the assessment hearing scheduled February 2.
DATED AT MONTRÉAL, ON FEBRUARY 9, 2006
Signed: “Michelle Lamy” |
MICHELLE LAMY ASSESSMENT OFFICER |
Certified true translation
Michael Palles
SOLICITORS OF RECORD
STYLE OF CAUSE: FORTIER 2000 LTÉE v. MARCEL MATIÈRE and MARCEL MATIÈRE BÉTON PROVINCIAL LTÉE v. FORTIER 2000 LTÉE
ASSESSMENT OF COSTS BY TELEPHONE CONFERENCE ON FEBRUARY 2, 2006
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATED: February 9, 2006
SOLICITORS OF RECORD:
Brouillette & Associés
Montréal, Quebec FOR THE PLAINTIFF
DeBlois & Associés
Sainte-Foy, Quebec FOR THE PLAINTIFF BY COUNTERCLAIM
Béton Provincial Ltée