A. Lassonde Inc. v. Canada (Registrar of Trade-Marks)
Court headnote
A. Lassonde Inc. v. Canada (Registrar of Trade-Marks) Court (s) Database Federal Court Decisions Date 2002-04-19 Neutral citation 2002 FCT 446 File numbers T-1834-00 Decision Content Date: 20020419 Docket: T-1834-00 Neutral Citation: 2002 FCT 446 Between: A. LASSONDE INC. Applicant and REGISTRAR OF TRADE-MARKS Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] Mr. Justice Pinard made an order dated September 24, 2001, setting aside the decision of the prothonotary dated September 5, 2001, and awarding the costs of the appeal motion against the applicant in any event of the cause. The assessment proceeded on the basis of the parties' written representations. [2] The respondent is seeking the sum of $2,090 as fees, which is the maximum number of units provided for the services rendered under column III of Tariff B for items 5 (preparation of appeal motion-7 units X $110), 6 (appearance on the motion-3 units X $110 X 2 hours) and 26 (assessment of costs-6 units X $110). [3] The applicant maintains that the minimum number of units should be allowed under items 5 and 6 because it was a standard motion, and under item 26 because the matter was not complex. Since the respondent did not submit any comments on these points, I am granting 3 units for the preparation and filing of its motion (3 units X $110) and 1 unit under item 6 (1 unit X $110 X 1.02 hour/the actual length of the hearing). I am allowing 3 units under item 26 (3 units X $110) given the prep…
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A. Lassonde Inc. v. Canada (Registrar of Trade-Marks) Court (s) Database Federal Court Decisions Date 2002-04-19 Neutral citation 2002 FCT 446 File numbers T-1834-00 Decision Content Date: 20020419 Docket: T-1834-00 Neutral Citation: 2002 FCT 446 Between: A. LASSONDE INC. Applicant and REGISTRAR OF TRADE-MARKS Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] Mr. Justice Pinard made an order dated September 24, 2001, setting aside the decision of the prothonotary dated September 5, 2001, and awarding the costs of the appeal motion against the applicant in any event of the cause. The assessment proceeded on the basis of the parties' written representations. [2] The respondent is seeking the sum of $2,090 as fees, which is the maximum number of units provided for the services rendered under column III of Tariff B for items 5 (preparation of appeal motion-7 units X $110), 6 (appearance on the motion-3 units X $110 X 2 hours) and 26 (assessment of costs-6 units X $110). [3] The applicant maintains that the minimum number of units should be allowed under items 5 and 6 because it was a standard motion, and under item 26 because the matter was not complex. Since the respondent did not submit any comments on these points, I am granting 3 units for the preparation and filing of its motion (3 units X $110) and 1 unit under item 6 (1 unit X $110 X 1.02 hour/the actual length of the hearing). I am allowing 3 units under item 26 (3 units X $110) given the preparation of written representations in reply by the respondent. The fees are assessed in the amount of $772.20. In doing so, I am taking into account the general application of the Tariff and not the settlement discussions about costs that occurred in this case. [4] The disbursements are allowed as follows: $55.25 for photocopying costs and $34.24 for costs of service. The costs incurred for taxis between the lawyer's office and the court are disallowed, because they are considered to be operating costs and therefore not recoverable at the assessment level. [5] The respondent's costs of the appeal motion are assessed and allowed in the amount of $861.69. A certificate will issue in this amount. MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC April 19, 2002 Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA TRIAL DIVISION SOLICITORS OF RECORD DOCKET: T-1834-00 Between: A. LASSONDE INC. Applicant AND REGISTRAR OF TRADE-MARKS Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: April 19, 2002 SOLICITORS OF RECORD: Brouillette, Charpentier, Fortin Montréal, Quebec for the applicant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the respondent FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20020419 Docket: T-1834-00 Between: A. LASSONDE INC. Applicant and REGISTRAR OF TRADE-MARKS Respondent ASSESSMENT OF COSTS - REASONS
Source: decisions.fct-cf.gc.ca