Mediterranean Shipping Co. SA Geneva v. Sipco Inc.
Court headnote
Mediterranean Shipping Co. SA Geneva v. Sipco Inc. Court (s) Database Federal Court Decisions Date 2002-03-04 Neutral citation 2002 FCT 238 File numbers T-361-99 Decision Content Date: 20020304 Docket: T-361-99 Neutral citation: 2002 FCT 238 Between: MEDITERRANEAN SHIPPING COMPANY S.A. GENEVA Plaintiff and SIPCO INC. Defendant TAXATION OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On November 9, 2001, the Court ordered that the Plaintiff was entitled to costs for this action, including the application of Rule 420 of the Federal Court Rules, 1998. Following this decision, the Plaintiff filed a bill of costs on December 27, 2001, accompanied by a request to proceed without the personal appearance of the parties. [2] On January 3, 2002, a copy of the bill of costs was sent to the Defendants so they could submit their written representations. As of today, none have been received on their behalf. Considering the foregoing, I am prepared to assess the Plaintiff's costs. [3] Counsel's fees are awarded as requested except for the claims made under items 5, 6, 14(b) and 26 of Tariff B. The Order of the Court dated November 24, 2000, granting the Plaintiff's application is silent as to costs. Therefore, I have no authority to allow the costs of this motion to the Plaintiff. I can allow costs under item 14(b) for second counsel at hearing only in cases "...where Court directs...". Given that the bill of costs is not disputed, I allow 4 units under item 26 of the Tariff. The e…
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Mediterranean Shipping Co. SA Geneva v. Sipco Inc. Court (s) Database Federal Court Decisions Date 2002-03-04 Neutral citation 2002 FCT 238 File numbers T-361-99 Decision Content Date: 20020304 Docket: T-361-99 Neutral citation: 2002 FCT 238 Between: MEDITERRANEAN SHIPPING COMPANY S.A. GENEVA Plaintiff and SIPCO INC. Defendant TAXATION OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On November 9, 2001, the Court ordered that the Plaintiff was entitled to costs for this action, including the application of Rule 420 of the Federal Court Rules, 1998. Following this decision, the Plaintiff filed a bill of costs on December 27, 2001, accompanied by a request to proceed without the personal appearance of the parties. [2] On January 3, 2002, a copy of the bill of costs was sent to the Defendants so they could submit their written representations. As of today, none have been received on their behalf. Considering the foregoing, I am prepared to assess the Plaintiff's costs. [3] Counsel's fees are awarded as requested except for the claims made under items 5, 6, 14(b) and 26 of Tariff B. The Order of the Court dated November 24, 2000, granting the Plaintiff's application is silent as to costs. Therefore, I have no authority to allow the costs of this motion to the Plaintiff. I can allow costs under item 14(b) for second counsel at hearing only in cases "...where Court directs...". Given that the bill of costs is not disputed, I allow 4 units under item 26 of the Tariff. The expenses incurred by the Plaintiff in this matter are allowed as claimed. [4] In view of the preceding, the Plaintiff's costs are assessed and allowed in the amount of $19,121.02. A certificate shall be issued for that amount. MICHELLE LAMY ASSESSMENT OFFICER MONTREAL, QUEBEC March 4, 2002 FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS ON THE RECORD COURT FILE NO.: T-361-99 STYLE OF CAUSE: MEDITERRANEAN SHIPPING COMPANY S.A. GENEVA Plaintiff AND SIPCO INC. Defendant ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF TAXATION: Montreal, Quebec ASSESSMENT OF COSTS - REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: March 4, 2002 SOLICITORS OF RECORD: The Law Offices of J. Kenrick Sproule Montreal, Quebec for the Plaintiff Davis & Turk Toronto, Ontario for the Defendant
Source: decisions.fct-cf.gc.ca