Federal Court Decisions

Date: 20050711

Docket: T-519-03

Citation: 2005 FC 968

Between:

CANADIAN PRIVATE COPYING COLLECTIVE

Plaintiff

AND

AMICO IMAGING SERVICES INC.

and

COMPUTER DIRECT DEPOT INC.

Defendants

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On June 26, 2003, defendant Amico Imaging Services Inc. filed a motion to set aside the Anton Piller order granted on April 30, 2003. In its representations in opposition to said motion, plaintiff requested that defendant be ordered to pay for the costs of this motion as well as those related to its motions to obtain and review the Anton Piller order including its execution. On March 26, 2004, the Court maintained the issuance of the Anton Piller order and dismissed defendant's contestation. The Court also ordered that the costs be paid forthwith as per the highest scale in Tariff B, namely Column V. This decision was upheld by the Federal Court of Appeal in an order rendered on December 2, 2004.

[2]                On April 15, 2005, plaintiff filed its bill of costs in the amount of $271,450.20 and asked that it be assessed without personal appearance of the parties. As requested, I issued a timetable for the written submissions. As of this date, defendant has not filed any representations.

[3]                Having examined the evidence and the materials submitted, plaintiff's costs are awarded as claimed except for the following expenses.

[4]                All costs specifically related to defendant Computer Direct Depot Inc. are disallowed as these costs are not covered by the Court order dated March 26, 2004. These are:

-$2,640 ($1,320 x 2) for the discovery and examination under item 7 of two (2) affidavits of Mark E. Davis plus $487.75 ($357 + $6 + $124.75) for photocopies and service of said affidavits;

-$15,600 for attending to the execution of the Anton Piller order under item 9 plus $60,342.36 for various disbursements;

-$81 (exhibit JS-1) for taxi charges for the service of revised written representations and book of authorities.

[5]                Under item 8, the amount of $1,320 for the preparation of the execution of the Anton Piller order is refused. The purpose of this item is to compensate counsel for the preparation for an examination on affidavits in aid of execution, but not for the preparation of the execution itself. For the same reason, I disallowed the amount of $17,400 for attending to the execution of the Anton Piller order under item 9.

[6]                The amount of $3,240 claimed under item 24 for travel by counsel is denied since the order of the Court dated May 26, 2004, is silent in this respect.

[7]                The claim of $5,041.85 with respect to costs related to overtime by Ogilvy Renault's staff is refused as this expense forms part of the overhead of a law practice. For the same reason, I refuse to allow the amount of $112 for taxi expenses incurred to attend motions or to file documents at the Courthouse: $9 (DD-1), $56 (DD-2), $16 (TX-1), $16 (TX-2), $15 (DD-5).

[8]                All claims made under item 27 totaling $3,000 are denied since no explanation was given by the Plaintiff to justify them.

[9]                In light of the above, a certificate in the amount of $159,161.24 is issued to plaintiff: $29,403.60 ($27,480 + 1,923.60/GST) for fees plus $129,757.64 for disbursements.

DATED AT MONTREAL THIS 11^TH DAY OF JULY, 2005.

Signed: « Michelle Lamy »

MICHELLE LAMY ASSESSMENT OFFICER