McInnes Natural Fertilizers Inc. v. Bio-Lawncare Services Inc.
Court headnote
McInnes Natural Fertilizers Inc. v. Bio-Lawncare Services Inc. Court (s) Database Federal Court Decisions Date 2005-08-09 Neutral citation 2005 FC 1082 File numbers T-937-03 Decision Content Date: 20050809 Docket: T-937-03 Citation: 2005 FC 1082 Between: LES ENGRAIS NATURELS McINNES INC./ McINNES NATURAL FERTILIZERS INC. Plaintiff AND BIO-LAWNCARE SERVICES INC. AND MRL HORTICULTURAL SERVICES AND MITCHELL LEVINE Defendants ASSESSMENT OF COSTS BREASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On April 20, 2005, we proceeded with the assessment of costs following the judgment by default obtained by the plaintiff on July 22, 2004. This is now the assessment of costs for a motion for special mode of service granted by the Court on February 11, 2005. [2] On July 12, we sent a letter to the defendants by registered mail, requesting that they submit their written submissions. All of it was returned to us on August 8 marked "unclaimed". In the circumstances, I am prepared to proceed with the assessment based on the proceedings in the record. [3] The fees for this motion are set at $690.15 ($600+ taxes) for items 4 (3 units) and 26 (2 units). I award 2 units for the assessment because it was a very simple matter. The claim made under item 25 is denied: this item is used to compensate services rendered by counsel after the final judgment and not after an interlocutory injunction. As the value of the unit has been $120 since April 1, 2005, I took that into account in calculating the fees. […
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McInnes Natural Fertilizers Inc. v. Bio-Lawncare Services Inc. Court (s) Database Federal Court Decisions Date 2005-08-09 Neutral citation 2005 FC 1082 File numbers T-937-03 Decision Content Date: 20050809 Docket: T-937-03 Citation: 2005 FC 1082 Between: LES ENGRAIS NATURELS McINNES INC./ McINNES NATURAL FERTILIZERS INC. Plaintiff AND BIO-LAWNCARE SERVICES INC. AND MRL HORTICULTURAL SERVICES AND MITCHELL LEVINE Defendants ASSESSMENT OF COSTS BREASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On April 20, 2005, we proceeded with the assessment of costs following the judgment by default obtained by the plaintiff on July 22, 2004. This is now the assessment of costs for a motion for special mode of service granted by the Court on February 11, 2005. [2] On July 12, we sent a letter to the defendants by registered mail, requesting that they submit their written submissions. All of it was returned to us on August 8 marked "unclaimed". In the circumstances, I am prepared to proceed with the assessment based on the proceedings in the record. [3] The fees for this motion are set at $690.15 ($600+ taxes) for items 4 (3 units) and 26 (2 units). I award 2 units for the assessment because it was a very simple matter. The claim made under item 25 is denied: this item is used to compensate services rendered by counsel after the final judgment and not after an interlocutory injunction. As the value of the unit has been $120 since April 1, 2005, I took that into account in calculating the fees. [4] The disbursements of $170.71 incurred for photocopying and service fees are approved as claimed. [5] The plaintiff's costs for this motion are assessed and allowed in the amount of $860.86. A certificate is issued for that amount. DATED AT MONTRÉAL, THE 9th DAY OF AUGUST 2005 Signed:"Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD COURT DOCKET NO.: T-937-03 Between: LES ENGRAIS NATURELS McINNES INC./ McINNES NATURAL FERTILIZERS INC. Plaintiff AND BIO-LAWNCARE SERVICES INC. AND MRL HORTICULTURAL SERVICES AND MITCHELL LEVINE Defendants ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: August 9, 2005 SOLICITORS OF RECORD: Fontaine, Panneton & Associés Sherbrooke, Quebec For the plaintiff
Source: decisions.fct-cf.gc.ca