Paramount Enterprises International Inc. v. China North Chemical Industries Corporation
Court headnote
Paramount Enterprises International Inc. v. China North Chemical Industries Corporation Court (s) Database Federal Court Decisions Date 2003-01-15 Neutral citation 2003 FCT 32 File numbers T-956-97 Decision Content Date: 20030115 Docket: T-956-97 Neutral citation: 2003 FCT 32 BETWEEN: PARAMOUNT ENTERPRISES INTERNATIONAL, INC. plaintiff and CHINA NORTH CHEMICAL INDUSTRIES CORPORATION and CHINA XINSHIDAI COMPANY and CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) and GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) defendants ASSESSMENT OF COSTS - REASONS [1] This action was dismissed with costs as against Defendant, Beston Chemical Inc. on October 12, 2001. The Defendant's bill of costs was filed by Mr. John G. O'Connor on November 25, 2001. [2] Mr. Jean-Marie Fontaine, the Plaintiff's solicitor, was given until December 23, 2002 to serve and file written representations in response to the bill of costs. To date none have been received. The assessment will proceed on the basis of the documentation on file. [3] Counsel for the Defendant is asking for the maximum number of units for the various applicable items of Tariff B. In the absence of representations from the Plaintiff these items are allowed as submitted with the exception of items 6 and 26. Item 6 - Second motion for security for costs heard on August 17, 2001 will be disallowed because the Order rendered by Madam Justice Tremblay-Lamer is silent as to costs. It is a well established principle that these costs cannot be reco…
Read full judgment
Paramount Enterprises International Inc. v. China North Chemical Industries Corporation Court (s) Database Federal Court Decisions Date 2003-01-15 Neutral citation 2003 FCT 32 File numbers T-956-97 Decision Content Date: 20030115 Docket: T-956-97 Neutral citation: 2003 FCT 32 BETWEEN: PARAMOUNT ENTERPRISES INTERNATIONAL, INC. plaintiff and CHINA NORTH CHEMICAL INDUSTRIES CORPORATION and CHINA XINSHIDAI COMPANY and CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) and GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) defendants ASSESSMENT OF COSTS - REASONS [1] This action was dismissed with costs as against Defendant, Beston Chemical Inc. on October 12, 2001. The Defendant's bill of costs was filed by Mr. John G. O'Connor on November 25, 2001. [2] Mr. Jean-Marie Fontaine, the Plaintiff's solicitor, was given until December 23, 2002 to serve and file written representations in response to the bill of costs. To date none have been received. The assessment will proceed on the basis of the documentation on file. [3] Counsel for the Defendant is asking for the maximum number of units for the various applicable items of Tariff B. In the absence of representations from the Plaintiff these items are allowed as submitted with the exception of items 6 and 26. Item 6 - Second motion for security for costs heard on August 17, 2001 will be disallowed because the Order rendered by Madam Justice Tremblay-Lamer is silent as to costs. It is a well established principle that these costs cannot be recovered unless specifically ordered by the Court. Item 26 will be reduced from 6 to 2 units. [4] Counsel for the Defendant is also requesting fees payable under tariff A which will be allowed. [5] The disbursements in the amount of $551.02 will be allowed as they appear reasonable. [6] The defendant's costs are assessed in the amount of $6,275.62 which represents $5,555.00 for counsel fees, $169.60 for fees under Tariff A and $551.02 for disbursements. A certificate will be issued in the amount of $6,275.62. ________________________ DIANE PERRIER ASSESSMENT OFFICER QUEBEC, QUEBEC January 15, 2003 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20030114 Docket: T-956-97 BETWEEN: PARAMOUNT ENTERPRISES INTERNATIONAL, INC. plaintiff and CHINA NORTH CHEMICAL INDUSTRIES CORPORATION and CHINA XINSHIDAI COMPANY and CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) and GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) defendants TAXATION OF COSTS - REASONS FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-956-97 STYLE OF CAUSE: PARAMOUNT ENTERPRISES INTERNATIONAL, INC. plaintiff and CHINA NORTH CHEMICAL INDUSTRIES CORPORATION and CHINA XINSHIDAI COMPANY and CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) and GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) defendants ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF TAXATION: Quebec, Quebec ASSESSMENT OF COSTS - REASONS BY : DIANE PERRIER, ASSESSMENT OFFICER DATE OF REASONS: January 15, 2003 SOLICITORS OF RECORD: Gowling, Lafleur, Henderson, LLP FOR THE PLAINTIFF Montreal, Quebec Langlois, Gaudreau, O'Connor FOR DEFENDANT, BESTON Quebec, Quebec CHEMICAL INC.
Source: decisions.fct-cf.gc.ca