Polaris Industries Ltd. v. A.J. Equipment Sales Limited
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Polaris Industries Ltd. v. A.J. Equipment Sales Limited Court (s) Database Federal Court Decisions Date 2007-06-04 Neutral citation 2007 FC 588 File numbers T-570-05 Decision Content Date: 20070604 Docket: T-570-05 Citation: 2007 FC 588 BETWEEN: POLARIS INDUSTRIES LTD. Plaintiff and A.J. EQUIPMENT SALES LIMITED trading as DON FRAZER'S A.J. EQUIPMENT SALES LTD. Defendant ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court granted default judgment with costs for this action for trademark infringement in relation to recreational and utility vehicles. I issued a timetable for written disposition of the assessment of the Plaintiff's bill of costs. [2] The Defendant did not file any materials in response to the Plaintiff's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position to act as the litigant's advocate in challenging given items in a bill of costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items which might have attracted disagreement, but the total amount claimed in the bill of costs is generally arguable as reasonable within the limits of the award of costs. The Plaintiff's bill of costs is assesse…
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Polaris Industries Ltd. v. A.J. Equipment Sales Limited Court (s) Database Federal Court Decisions Date 2007-06-04 Neutral citation 2007 FC 588 File numbers T-570-05 Decision Content Date: 20070604 Docket: T-570-05 Citation: 2007 FC 588 BETWEEN: POLARIS INDUSTRIES LTD. Plaintiff and A.J. EQUIPMENT SALES LIMITED trading as DON FRAZER'S A.J. EQUIPMENT SALES LTD. Defendant ASSESSMENT OF COSTS - REASONS Charles E. Stinson Assessment Officer [1] The Court granted default judgment with costs for this action for trademark infringement in relation to recreational and utility vehicles. I issued a timetable for written disposition of the assessment of the Plaintiff's bill of costs. [2] The Defendant did not file any materials in response to the Plaintiff's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position to act as the litigant's advocate in challenging given items in a bill of costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items which might have attracted disagreement, but the total amount claimed in the bill of costs is generally arguable as reasonable within the limits of the award of costs. The Plaintiff's bill of costs is assessed and allowed as presented at $4,308.35. "Charles E. Stinson" Assessment Officer FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-570-05 STYLE OF CAUSE: POLARIS INDUSTRIES LTD. v. A.J. EQUIPMENT SALES LIMITED trading as DON FRAZER'S A.J. EQUIPMENT SALES LTD. ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON DATED: June 4, 2007 APPEARANCES: Mr. Brent C. Ross FOR THE PLAINTIFF n/a FOR THE DEFENDANT SOLICITORS OF RECORD: Aikins, MacAulay & Thorvaldson LLP Winnipeg, MB FOR THE PLAINTIFF n/a FOR THE DEFENDANT
Source: decisions.fct-cf.gc.ca