Elders Grain Co. v. Ralph Misener (Ship)

Elders Grain Co. v. Ralph Misener (Ship)
Court (s) Database
Federal Court Decisions
Date
2004-11-29
Neutral citation
2004 FC 1677
File numbers
T-1836-90
Decision Content
Date: 20041129
Docket: T-1836-90
Citation: 2004 FC 1677
BETWEEN:
ELDERS GRAIN COMPANY LIMITED
and
CARLING O'KEEFE BREWERIES OF CANADA LIMITED
PLAINTIFFS
and
THE VESSEL M/V RALPH MISENER AND THE OWNERS AND ALL
OTHERS INTERESTED IN THE VESSEL M/V RALPH MISENER
and
MISENER HOLDINGS LIMITED
and
MISENER SHIPPING
DEFENDANTS
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This action was dismissed on July 7, 2003 by Nadon J. On October 7, 2003, Nadon J. directed that the Defendants' bill of costs be taxed in accordance with the high side of Column IV of Part II of Tariff B.
[2] The Defendants' bill of costs was filed on July 23, 2004. The Defendants requested that it be assessed without personal appearance of the parties. Each party filed their representations. I am now ready to proceed with the documentation on file.
[3] Counsel fees are allowed in the amount of $130, 460. 00. Item 4 - 10 units claimed for the Ex parte motion on behalf of Defendants for the issuance of subpoenas to compel the appearance of witnesses is not allowed because the Order of Mr. Morneau dated March 11, 2002 is silent as to costs. Item 5 - 9 units claimed for the motion on behalf of Plaintiffs for an Order declaring that the service of the action in rem upon the Defendant constitutes proper service is not allowed because the Order of Mr. Morneau dated June 27, 1996 is silent as to costs. Parties are in agreement with item 9 (examination for discovery of Madam Oslund) it should be 5 hours and not 8 hours. As for item 24 (Travel by counsel to attend a trial, hearing, motion, examination or analogous procedure) I agree with Defendants' position that item 24 was granted by the Court in its order dated July 7, 2003.
[4] Disbursements are granted in the amount of $ 147, 498. 80. As for the witness Farrokh Kooka the amount of $ 2,250. 00 should be granted because as per Tariff A 3(3) witness can be paid an amount equal to the expense or any loss incurred by the witness in attending a proceeding. It is the same for the witness Donald Angel.
[5] The Defendants'costs are assessed in the amount of $ 277, 958. 80. A certificate will be issued in the amount of $ 277, 958. 80.
DIANE PERRIER
ASSESSMENT OFFICER
QUEBEC, QUEBEC
NOVEMBER 29, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1836-90
STYLE OF CAUSE: ELDERS GRAIN COMPANY LIMITED
and
CARLING O'KEEFE BREWERIES OF CANADA LIMITED
and
THE VESSEL M/V RALPH MISENER
and
MISENER HOLDINGS LIMITED
and
MISENER SHIPPING
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Quebec
REASONS BY DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: November 29, 2004
SOLICITORS OF RECORD:
ROBINSON SHEPPARD SHAPIRO
Montreal (Quebec) FOR PLAINTIFFS
LANGLOIS GAUDREAU O'CONNOR
Quebec (Quebec) FOR DEFENDANTS