Date: 20030219
Docket: A-167-00
Neutral Citation: 2003 FCA 90
BETWEEN:
LES INVENTIONS MORIN INC.
and
LES ÉQUIPEMENTS ARMAND MORIN INC.
Appellants
and
GILBERT TECH INC.
Respondent
RICHARD LARABIE, ASSESSMENT OFFICER
[1] On December 10, 2002, counsel for the respondent filed a bill of costs for assessment pursuant to a judgment of the Court of Appeal dated September 13, 2001, dismissing the appeal with costs.
[2] On consent of the parties, an appointment was issued for the assessment returnable January 29, 2003, at 10:30 a.m., to be heard immediately after the assessment of the bill of costs filed in the Trial Division docket T-1398-95 involving the same parties.
[3] At the assessment, Serge Fournier and Josée Cavalancia appeared for the appellant and Alain Dussault and Bob H. Sotiriadis for the respondent.
[4] Before assessing the bill of costs, I must point out that the parties, having just finished submissions on the Trial Division bill of costs, made scarcely any comments on this one.
[5] Mr. Fournier simply stated that he did not agree with the maximum claimed for items 19 and 22, and that the judgment should be read. Mr. Dussault's response was to the effect that Mr. Fournier should have withdrawn his appeal after reading the decisions of the Supreme Court of Canada.
[6] Since it seems clear that everything had been said on the Trial Division bill, I will assess this one by applying the submissions made with respect to the Trial Division file and I will refer to the reasons for that assessment.
[7] The claims under items 18, 19 and 25 are allowed.
[8] The claim under item 24 is dismissed, because there is no provision to that effect in the decision.
[9] The claim under item 26 will be reduced to $330, because the maximum has already been allowed in the Trial Division file where all the arguments were presented.
[10] For the same reasons stated in the Trial Division file, the claim under item 22 will be reduced to two units per hour, for a total of 12.50 units.
Disbursements
[11] The claim for taxes on the fees allowed will be $404.25, and the sum of $94.05 claimed for taxes on disbursements will be dismissed because, in light of section 1(4) of Tariff B, I believe that only taxes actually paid may be reimbursed.
[12] All other claims for disbursements are allowed except for the $14 claimed for taxis, which is a normal operating expense.
[13] The respondent's bill of costs is therefore assessed and allowed in the amount of $2,695
for fees and $1,017.25 for disbursements. A certificate in the amount of $3,712.25 is issued.
Signed: "Richard Larabie"
RICHARD LARABIE
ASSESSMENT OFFICER
Montréal, Quebec
February 19, 2003
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
COURT FILE NO.: A-167-00
Between
LES INVENTIONS MORIN INC.
and
LES ÉQUIPEMENTS ARMAND MORIN INC.
Appellants
AND
GILBERT TECH INC.
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF ASSESSMENT: January 29, 2003
REASONS OF RICHARD LARABIE, ASSESSMENT OFFICER
DATED: February19, 2003
APPEARANCES: Serge Fournier for the appellants
Alain Dussault for the respondent
SOLICITORS OF RECORD:
Brouillette Charpentier Fournier
Montréal, Quebec for the appellant