Mayflower Transit, Inc. v. Bedwell Management Systems Inc.
Court headnote
Mayflower Transit, Inc. v. Bedwell Management Systems Inc. Court (s) Database Federal Court Decisions Date 2004-08-03 Neutral citation 2004 FC 1056 File numbers T-2556-97 Decision Content Date: 20040803 Docket: T-2556-97 Citation: 2004 FC 1056 BETWEEN: MAYFLOWER TRANSIT, INC. Plaintiff (Defendant by Counterclaim) and BEDWELL MANAGEMENT SYSTEMS INC., MAYFLOWER MOVING SYSTEMS INC., JAMES R. BEDWELL Defendants (Plaintiffs by Counterclaim) ASSESSMENT OF COSTS - REASONS PAUL G.C. ROBINSON ASSESSMENT OFFICER [1] This assessment of costs is pursuant to the order of the Court rendered August 1, 2003, relating to a show cause hearing heard on July 22, 2002, and the contempt hearing of October 7, 2002. Paragraph 4 of this decision ordered the Defendants to jointly and severally pay to the Plaintiff its reasonable costs, the costs to be assessed on a solicitor-client basis and are to be paid within nine months of the assessment of such costs. [2] After receiving a request for an assessment appointment, a letter was issued setting a timetable for written submissions. The Defendants did not respond, within the time frames allowed, to the Plaintiff's's Bill of Costs and to the supporting material presented for assessment. The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and not participating, 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 Bi…
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Mayflower Transit, Inc. v. Bedwell Management Systems Inc. Court (s) Database Federal Court Decisions Date 2004-08-03 Neutral citation 2004 FC 1056 File numbers T-2556-97 Decision Content Date: 20040803 Docket: T-2556-97 Citation: 2004 FC 1056 BETWEEN: MAYFLOWER TRANSIT, INC. Plaintiff (Defendant by Counterclaim) and BEDWELL MANAGEMENT SYSTEMS INC., MAYFLOWER MOVING SYSTEMS INC., JAMES R. BEDWELL Defendants (Plaintiffs by Counterclaim) ASSESSMENT OF COSTS - REASONS PAUL G.C. ROBINSON ASSESSMENT OFFICER [1] This assessment of costs is pursuant to the order of the Court rendered August 1, 2003, relating to a show cause hearing heard on July 22, 2002, and the contempt hearing of October 7, 2002. Paragraph 4 of this decision ordered the Defendants to jointly and severally pay to the Plaintiff its reasonable costs, the costs to be assessed on a solicitor-client basis and are to be paid within nine months of the assessment of such costs. [2] After receiving a request for an assessment appointment, a letter was issued setting a timetable for written submissions. The Defendants did not respond, within the time frames allowed, to the Plaintiff's's Bill of Costs and to the supporting material presented for assessment. The Federal Court Rules, 1998 do not contemplate a litigant, having notice of an assessment of costs and not participating, 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 a judgment and tariff. I examined each item in the Bill of Costs and the supporting materials within those parameters. [3] The Plaintiff's Bill of Costs, presented at $17,997.04, is assessed and allowed at $17,997.04 with interest thereon pursuant to the Federal Courts Act, s.37(1) and the Ontario Courts of Justice Act, ss.129-130 (s.127 prescribes the applicable rates). "Paul Robinson" Paul G.C. Robinson Assessment Officer Toronto, Ontario August 3rd, 2004 FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-2556-97 STYLE OF CAUSE: MAYFLOWER TRANSIT, INC. and BEDWELL MANAGEMENT SYSTEMS INC., MAYFLOWER MOVING SYSTEMS INC., and JAMES R. BEDWELL ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES ASSESSMENT OF COSTS REASONS BY: PAUL G.C. ROBINSON DATED: AUGUST 3, 2004 SOLICITORS OF RECORD: Andrea E. Kokonis Fasken Martineau Dumoulin LLP Toronto, Ontario For the Plaintiff FEDERAL COURT Date: 20040803 Docket: T-2556-97 BETWEEN: MAYFLOWER TRANSIT INC. Plaintiff and BEDWELL MANAGEMENT SYSTEMS INC., MAYFLOWER MOVING SYSTEMS INC., and JAMES R. BEDWELL Defendants ASSESSMENT OF COSTS - REASONS
Source: decisions.fct-cf.gc.ca