Gilbert Tech Inc. c. Equipements K2 Inc.
Court headnote
Gilbert Tech Inc. c. Equipements K2 Inc. Court (s) Database Federal Court Decisions Date 2001-03-15 Neutral citation 2001 FCT 191 File numbers T-2390-98 Decision Content Date: 20010315 Docket: T-2390-98 Neutral reference: 2001 FCT 191 BETWEEN: GILBERT TECH INC. Plaintiff AND LES ÉQUIPEMENTS K2 INC. and MARIO CHARBONNEAU Defendants ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On December 12, 2000 the Court allowed the plaintiff's motion for a ruling on the objections raised by the defendants at an examination for discovery and ordered the latter to pay the costs of the motion pursuant to s. 401(2) of the Federal Court Rules, which provides: Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith. [2] Following that order the plaintiff on January 19, 2001 filed its bill of costs in the amount of $2,077.30, in which it asked for the maximum number of units allowed by items 5, 6 and 26 of column III of Tariff B, and disbursements of $236.90 for photocopying and service costs. The assessment took place on February 13, 2001 with Marc-André Huot as counsel for the plaintiff and Christian Ladouceur representing the defendant. [3] Although the workload required to prepare and present the motion record was significant, I feel that the amount of costs allowed for that motion should be reasonable and should take into account all the expenses incurred in the case. [4]…
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Gilbert Tech Inc. c. Equipements K2 Inc. Court (s) Database Federal Court Decisions Date 2001-03-15 Neutral citation 2001 FCT 191 File numbers T-2390-98 Decision Content Date: 20010315 Docket: T-2390-98 Neutral reference: 2001 FCT 191 BETWEEN: GILBERT TECH INC. Plaintiff AND LES ÉQUIPEMENTS K2 INC. and MARIO CHARBONNEAU Defendants ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On December 12, 2000 the Court allowed the plaintiff's motion for a ruling on the objections raised by the defendants at an examination for discovery and ordered the latter to pay the costs of the motion pursuant to s. 401(2) of the Federal Court Rules, which provides: Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith. [2] Following that order the plaintiff on January 19, 2001 filed its bill of costs in the amount of $2,077.30, in which it asked for the maximum number of units allowed by items 5, 6 and 26 of column III of Tariff B, and disbursements of $236.90 for photocopying and service costs. The assessment took place on February 13, 2001 with Marc-André Huot as counsel for the plaintiff and Christian Ladouceur representing the defendant. [3] Although the workload required to prepare and present the motion record was significant, I feel that the amount of costs allowed for that motion should be reasonable and should take into account all the expenses incurred in the case. [4] With that in mind, I allow as fees the sum of $900 (+ $135.25 for taxes) broken down as follows: $500 (item 5), $100 (item 6, that is 2 units/hour x 30 minutes hearing time) and $300 (item 26). [5] The sum of $210.45 is awarded for disbursements, being $176 for photocopying costs and $34.45 for service and filing of the motion record. In the latter case, service by bailiff was not necessary. [6] The plaintiff's costs on the instant motion are assessed and allowed in the amount of $1,245.70. A certificate is issued for that amount. (signed) MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC March 15, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20010315 Docket: T-2390-98 BETWEEN: GILBERT TECH INC. Plaintiff AND LES ÉQUIPEMENTS K2 INC. and MARIO CHARBONNEAU Defendants ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: T-2390-98 BETWEEN: GILBERT TECH INC. Plaintiff AND LES ÉQUIPEMENTS K2 INC. and MARIO CHARBONNEAU Defendants ASSESSMENT OF COSTS ON: FEBRUARY 13, 2001 REASONS BY: M. LAMY, ASSESSMENT OFFICER PLACE OF ASSESSMENT: Montréal, Quebec DATE OF REASONS: March 15, 2001 APPEARANCES: Marc-André Huot for the plaintiff Christian Ladouceur for the defendant SOLICITORS OF RECORD: Smart & Biggar for the plaintiff Montréal, Quebec Christian Ladouceur for the defendant Saint-Eustache, Quebec
Source: decisions.fct-cf.gc.ca