Date: 19980113
Docket: T-2227-96
BETWEEN:
FRANK THUNDER, SR., CHARLES GIBBONS,
RON PRELVITZ, and ERNEST COBINESS
for and on behalf of the
BUFFALO POINT FIRST NATION,
Plaintiffs,
- and -
JAMES THUNDER and JOHN THUNDER,
Defendants.
REASONS FOR TAXATION
DAN J. BUELL
Taxing Officer:
[1] This proceeding was commenced by way of Statement of Claim on October 7, 1996 and a Statement of Defence was filed on November 27, 1996.
[2] On May 22, 1997, the Plaintiffs filed a Notice of Motion requesting the Court to issue an Order for recognition of the Band election of May, 1995 and other alternative forms of relief. This motion was adjourned a couple of times and on August 28, 1997 a teleconference call was held before the Honourable Mr. Justice Rothstein to discuss issues of jurisdiction and other matters involving this proceeding.
[3] At the teleconference, the Honourable Mr. Justice Rothstein issued an Order allowing the parties time to exchange memoranda delineating the factual and legal issues pertaining to the question of the Court's jurisdiction to deal with the matter. The Plaintiff's motion was adjourned to a further teleconference held on September 5, 1997.
[4] On September 5, 1997 the Court issued a further Order stating in part:
| Unless the plaintiffs file a motion with supporting affidavits to convert this action into a judicial review on or before September 19, 1997. . . the statement of claim shall forthwith thereafter be ordered struck out without further notice. |
[5] The Plaintiffs did not file a motion to convert the action into a judicial review, and on September 29, 1997, the Court issued an Order striking out the Statement of Claim with costs to the Defendants.
[6] The Defendants now presents its Bill of Costs for Taxation in writing on the basis of written representations . The Bill of Costs was served on the plaintiffs on October 17, 1997 and proof of service was filed with the Court.
[7] I wrote to the parties on November 28, 1997 inviting written representations from both sides and set out time frames for tendering their responses. The time frame for tendering submissions has expired and no written representations were received.
[8] I now proceed with the taxation of the Defendant's Bill of Costs.
[9] In summary form the Defendant's Bill of Costs was presented as follows:
Item Taxable Service Column III Units
A (2) Preparation and filing
Statement of Defence 5
B (5) Preparation and filing of
materials in response re.
contested motion 7
B (6) Appearance on Motion 1
D (13) Pretrial and Prehearing Procedures 4
E (15) Trial/Hearing 5
G (26) Taxation of Costs 2
G (27) other services 1
[10] Exercising the discretion and criteria provided to me under Section 346 (1) of the Federal Court Rules, I carefully reviewed the list of items claimed in the Defendant's Bill of Costs.
[11] The items claimed in this Bill of Costs are allowed as claimed except for the following items.
[12] Items D13 and E15 are taxed off as these items are only allowed when a proceeding has in fact gone to trial. This matter was struck by the Court before it reached the trial stage. Item G26 is also taxed off. This item in my view contemplates personal appearance at taxations and is not awarded when taxations are done in writing.
[13] The Defendant's Bill of Costs presented at $2,500.00 is therefore taxed and allowed at $1,400.00. A Certificate of Taxation will issue in the amount.
"Dan J. Buell"
Dan J. Buell
Taxing Officer
CALGARY, Alberta
January 13, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980113
Docket: T-2227-96
BETWEEN:
FRANK THUNDER, SR., CHARLES GIBBONS,
RON PRELVITZ, and ERNEST COBINESS
for and on behalf of the
BUFFALO POINT FIRST NATION,
Plaintiffs,
- and -
JAMES THUNDER and JOHN THUNDER,
Defendants.
CERTIFICATE OF TAXATION
FEDERAL COURT OF CANADA
TRIAL DIVISION
COURT NO.: T-2227-96
STYLE OF CAUSE: FRANK THUNDER, SR., CHARLES
GIBBONS, RON PRELVITZ, AND
ERNEST COBINESS for and on
behalf of the BUFFALO POINT FIRST
NATION
- and -
JAMES THUNDER and JOHN THUNDER
TAXATION CONSIDERED WITHOUT PERSONAL APPEARANCE
REASONS FOR TAXATION OF DAN J. BUELL, TAXING OFFICER
dated January 13, 1998
SOLICITORS OF RECORD:
Keshen & Major
Kenora, Ontario for the Plaintiffs
Kushner, Gordon, Silden
Winnipeg, Manitoba for the Defendants