Malletier v. John Doe
Court headnote
Malletier v. John Doe Court (s) Database Federal Court Decisions Date 2002-11-04 Neutral citation 2002 FCT 1140 File numbers T-2145-01 Decision Content Date: 20021104 Docket: T-2145-01 Neutral citation: 2002 FCT 1140 BETWEEN: BETWEEN: LOUIS VUITTON MALLETIER, S.A. and LOUIS VUITTON CANADA INC. Plaintiffs and JOHN DOE, JANE DOE and OTHER PARTIES listed in SCHEDULE "A" of the Statement of Claim and OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, PRINT, ADVERTISE, PROMOTE, SHIP, STORE, DISPLAY OR OTHERWISE DEAL IN COUNTERFEIT LOUIS VUITTON ITEMS Defendants ASSESSMENT OF COSTS -REASONS Charles E. Stinson Assessment Officer [1] The Court granted Judgment against the Defendant, Stacey Lin, also known as Lin JiZhen, with costs. I issued a timetable for written disposition of the Plaintiffs' Bill of Costs. The Defendant did not respond. [2] The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and failing to participate, benefiting by an assessment officer stepping away from a position of neutrality 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. The Plaintiffs' written submission adjusted its claim slightly downward. There were items for …
Read full judgment
Malletier v. John Doe Court (s) Database Federal Court Decisions Date 2002-11-04 Neutral citation 2002 FCT 1140 File numbers T-2145-01 Decision Content Date: 20021104 Docket: T-2145-01 Neutral citation: 2002 FCT 1140 BETWEEN: BETWEEN: LOUIS VUITTON MALLETIER, S.A. and LOUIS VUITTON CANADA INC. Plaintiffs and JOHN DOE, JANE DOE and OTHER PARTIES listed in SCHEDULE "A" of the Statement of Claim and OTHER PERSONS UNKNOWN TO THE PLAINTIFFS WHO OFFER FOR SALE, SELL, IMPORT, MANUFACTURE, PRINT, ADVERTISE, PROMOTE, SHIP, STORE, DISPLAY OR OTHERWISE DEAL IN COUNTERFEIT LOUIS VUITTON ITEMS Defendants ASSESSMENT OF COSTS -REASONS Charles E. Stinson Assessment Officer [1] The Court granted Judgment against the Defendant, Stacey Lin, also known as Lin JiZhen, with costs. I issued a timetable for written disposition of the Plaintiffs' Bill of Costs. The Defendant did not respond. [2] The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and failing to participate, benefiting by an assessment officer stepping away from a position of neutrality 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. The Plaintiffs' written submission adjusted its claim slightly downward. There were items for services of counsel which might have attracted disagreement, but the amount claimed in total in the Bill of Costs is arguable within the limits of the award of costs. The Bill of Costs of the Defendant, presented at $9,859.87, is assessed and allowed at $9,607.97. (Sgd.) "Charles E. Stinson" Assessment Officer FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-2145-01 STYLE OF CAUSE: Louis Vuitton Malletier, S.A. et al. v. John Doe et al. PLACE OF HEARING: Vancouver, B.C. ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES REASONS BY: CHARLES E. STINSON DATED: November 4, 2002 SOLICITORS OF RECORD: Lesperance Mendes Mancuso FOR PLAINTIFFS Vancouver
Source: decisions.fct-cf.gc.ca