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Date: 20060728
Docket: A-364-03
(A-365-03)
Citation: 2006 FCA
268
Between:
EXPRESS FILE, INC.
Appellant
AND
HBR ROYALTY, INC.
Respondent
ASSESSMENT OF
COSTS –REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1]
This is an appeal of the decision of the Federal Court dismissing an
appeal from the decision of Prothonotary Morneau, in which the Prothonotary
ordered that certain portions of an affidavit be struck on the ground that they
were hearsay, contrary to Rule 81 of the Federal Courts Rules. As
requested, the assessment of the respondent’s costs proceeded on the basis of
written submissions.
[2]
Having examined the record and reviewed the submissions made by the appellant,
the fees are allowed in the amount of $1,680 for the following items: 19 (5
units/preparation of the memorandum of fact and law), 21a) (3 units/response to
appellant’s motion for reconsideration)
and 22 (3
units X 2 hours/hearing of September 15, 2004). The claim made under item 5 is
compensated under item 21, since items 16 to 22 of Tariff B must be used to
assess costs in an appeal initiated under Part 6 of the Rules. As submitted by
the appellant, no fees can be awarded under item 24, as there is no order or
direction of the Court in that regard.
[3]
Considering that the proceedings in both cases are identical and that
the appeals were heard on the same basis, all costs requested in file docket
number A-365-03 are denied in order to avoid double compensation for the
services rendered by counsel. Given that the value of the unit was readjusted
on April 1, 2005, pursuant to subsection 4(1) of the Tariff, and that the
respondent filed its bills of costs after that date, I have made the adjustment
in calculating the amount of the fees.
[4]
The costs of the respondent are taxed and allowed in the amount of
$1,680. A certificate is issued for that amount in Court file A-364-03 and a
copy of these reasons is placed in Court file A-365-03.
DATED AT MONTREAL
THIS 28th DAY OF JULY, 2006.
Signed: «Michelle
Lamy»
|
MICHELLE
LAMY
ASSESSMENT OFFICER
|
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
COURT
FILE NO.: A-364-03
STYLE OF
CAUSE:
EXPRESS FILE, INC.
Appellant
AND
HBR ROYALTY, INC.
Respondent
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF
TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS –
REASONS BY: MICHELLE
LAMY, ASSESSMENT OFFICER
DATE OF
REASONS: JULY 28, 2006
SOLICITORS OF RECORD :
Sim, Hughes, Ashton & McKay
Toronto,
Ontario for
the applicant
Fraser
Milner Casgrain
Montreal,
Quebec for the
respondent