Date: 199801??
Docket: T-1271-96
BETWEEN:
VOLKSWAGEN AKTIENGESELLSCHAFT and
VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
MECANIQUE AUTOMOBILE LUC DESJARDINS
Defendant
TAXATION OF COSTS - REASONS
G.M. SMITH, TAXING OFFICER
1� This is a taxation on a party-and-party basis of the plaintiffs' costs of this action.
2� These proceedings were commenced by way of a Statement of Claim filed on May 29, 1996. On May 20, 1997, the plaintiffs filed a motion to the Court for summary judgment against the defendant for infringement of the plaintiffs' Trade Marks VOLKSWAGEN and VW & Design. The plaintiffs' application was heard on June 23, 1997 following which the Court rendered an Order on June 24, 1997 in favour of the plaintiffs' claim. The Order also awarded to the plaintiffs their costs in pursuing this Action on a solicitor and client scale.
3� The plaintiffs filed their Bill of Costs with the Court on October 3, 1997 and requested they be assessed on the basis of written representations, without the personal appearance of the parties. The affidavit of A. Louise McLean sworn on October 2, 1997 was also filed in support of the plaintiffs' Bill. Service of those documents on the defendant was affected on October 7, 1997 according to an affidavit of Philippe Raiffaud sworn October 10, 1997.
4� On November 6, 1997, I directed the Registry to issue instructions to both parties giving the defendant until November 28, 1997 to file written representations in reply to the plaintiffs' Bill of Costs and giving the plaintiffs until December 12, 1997 to file any written representations further to those made by the defendant.
5� On November 26, 1997, an undated letter was received from the defendant who generally explained his position in opposition to this legal proceeding. A copy of the defendant's letter was forwarded to counsel for the plaintiffs on December 19, 1997. No further representations were received from the plaintiffs in reply.
6� The plaintiffs' Bill of Costs has been filed pursuant to the Federal Court Rules 346 et seq, Tariff B 1(1), and in accordance with the Court's Order rendered on June 24, 1997. It is pursuant to those authorities that I am now charged with assessing the costs incurred by the plaintiffs in pursuing these proceedings against the defendant. In that capacity I am without authority to either disregard the Court's explicit Order or to vary it in any way. Nor, I would add, has any action has been taken by the defendant himself to contest the Court's finding. I have therefore proceeded to assess and tax the plaintiffs' costs against the defendant as follows.
7� The amounts claimed by the plaintiffs for fees with respect to the filing of the Statement of Claim and for services relating to the application for summary judgment appear to be reasonable in the circumstances of the case. They are allowed as claimed in the total amount of $2,200.00.
8� The disbursements claimed for process services ($27.61 - $1.81 G.S.T. = $25.80), courier charges ($12.84) and on-line computer charges ($3.57) were supported by the affidavit of A. Louise McLean and are therefore allowed. Claims however for facsimile charges ($36.00), long distance telephone charges ($16.22), a Law Society Levy Surcharge ($46.96) and postage charges ($6.95) have not been substantiated and must therefore be refused.
9� Additional expenses are claimed for photocopies in the total amount of $44.00. By letter dated December 12, 1997, counsel for the plaintiffs clarified that 176 copies were made during the currency of this file. Counsel further represented that the cost per photocopy was 11 ¢ . I have therefore reduced the amount for photocopies to $19.36.
10� The claim for taxes (G.S.T.) in the amount of $167.46 will also be reduced to $4.31 to reflect 7% of the total $61.57 which has been assessed for disbursements.
11� In conclusion, the plaintiffs' Bill of Costs is assessed in the total amount of $2,265.88.
Gregory M. Smith
Taxing Officer
Ottawa, Ontario
January ??, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
COURT FILE NO.: T-1271-96
BETWEEN:
VOLKSWAGEN AKTIENGESELLSCHAFT and
VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
VOLKSWAGEN AUTOMOBILE LUC DESJARDINS
Defendant
TAXATION IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
TAXATION OF COSTS - REASONS BY G. SMITH, TAXING OFFICER
DATE OF REASONS: January ??, 1998
APPEARANCES:
Ms. Debra L. Montgomeryfor the Plaintiffs
Mr. Luc Desjardins for the Defendant
SOLICITORS OF RECORD:
SIM, HUGHES,
ASHTON & McKAY
Toronto, Ontario for the Plaintiffs
Date: 199801??
Docket: T-1271-96
BETWEEN:
VOLKSWAGEN AKTIENGESELLSCHAFT and
VOLKSWAGEN CANADA INC.
Plaintiffs
- and -
MECANIQUE AUTOMOBILE LUC DESJARDINS
Defendant
CERTIFICATE OF TAXATION
I HEREBY CERTIFY that the Plaintiffs' Bill of Costs is taxed and allowed in the amount of two thousand, two hundred and sixty-five dollars and eighty-eight cents ($2,265.88).
DATED AT OTTAWA, Ontario, this ??th day of January, 1998.
Gregory M. Smith
Taxing Officer