Date: 20030115
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
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
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.