Federal Court of Appeal Decisions

Decision Information

Decision Content

                                               

Date: 20011220

Docket: A-54-99

Neutral citation: 2001 FCA 397

In the matter of Sections 57 and 58 of

the Trade-marks Act

AND IN THE MATTER of an Appeal

from the judgment rendered December 30, 1998

in the Canadian Federal Court, Trial Division,

by the Honourable Allan Lutfy in the case

identified as T-713-97

BETWEEN:

                                                       JEAN PATOU INC.

                                                                                                                                Appellant

                                                                   - and -

                                          LUXO LABORATORIES LIMITED

Respondent

                                      ASSESSMENT OF COSTS - REASONS

J. PARENT

ASSESSMENT OFFICER


[1]                On January 23, 2001, the Court (Desjardins J., Décary J. and Létourneau J.) delivered a judgment dismissing this appeal with costs.

[2]                The Respondent's bill of costs was filed on June 11, 2001. The assessment of costs on this file was dealt with in writing. Both parties having now filed their representations, I will proceed with the assessment.

[3]                In its bill of costs, the Respondent requests the maximum number of units for the preparation and filing of Respondent's contested motion for security for costs. After reviewing the file, the Court order of January 10,2000, the motion records and Reply, I allow 5 units as this motion was not of a complex nature.

[4]                For the preparation for hearing, again counsel for the Respondent, asks for the maximum number of units. As mentioned in my reasons for assessment in the Trial matter (T-713-97), the relative complexity of this file prevents me from allowing the number of units asked for. Therefore, 4 units are allowed under item 13(a).

[5]                In the same vein, Item 19 will be allowed at 6 units and item 22(a), at 2 units per hour in Court.


[6]                Counsel for the Respondent asks for 5 units under item 24 for travel by counsel to attend hearing (from Toronto to Ottawa). Although I reviewed the Court file thoroughly, nowhere did I find that the Court used its discretion in awarding costs to counsel to travel to attend Court hearings. Therefore, those 5 units will be taxed off the Respondent's bill of costs.

[7]                Item 25 is allowed as claimed.

[8]                Item 26 is allowed at 4 units considering material submitted by counsel.

DISBURSEMENTS

[9]                The amounts claimed as disbursements on the items listed below were not contested, are considered reasonable, and will therefore be allowed as claimed:

Photocopies                                                      $97.57

Agency Charges                                               $91.60

$242.72

Telephone Charges                                            $9.73

Facsimile Charges                                              $54.25

Courier Charges                                                $49.33

Travel Charges                                                 $689.00

Travel: TTC                                                       $4.00

Computer Charges                                            $17.40


[10]            On hotel accommodations, ground travel and meal expenses re: hearing in Ottawa, counsel for the Appellant submits in response to the Respondent's bill of costs: "The invoice provided by the Respondent for its counsel's stay in the Delta Hotel in Ottawa includes charges for room service ($18.90) and mini-bar services ($10.18) which the Appellant submits should not be included in any costs granted to the Respondent".

[11]            Counsel for the Appellant also maintains in his submissions regarding the meal expenses that some invoices attached to the Respondent's affidavit in support of the bill of costs are insufficiently detailed.

[12]            Disbursements should be normally supported by acceptable evidence. In the case at bar, it is reasonable to expect that counsel for the Respondent upon travelling to Ottawa needed to eat and I am satisfied that the room service charge along with the guest receipt of $26.89 were incurred towards that goal. However, I will not allow the mini-bar expenses nor the amount of $6.46 spent at the Airport as I am not convinced of their relevancy.

[13]            The translation charges of the Appellant's memorandum of fact and law from French to English are taxed off from the Respondent's bill of costs for the reasons I have given in the assessment of costs in the trial matter (T-713-97) referred to above.


[14]            The Federal Goods & Services Tax (GST) claimed by the Respondent is allowed for a total amount of $392.07.

[15]            Accordingly, a certificate will issue in the amount of $5993.10.

                                                                                                "Johanne Parent"

                                                                                                                                               

                                                                                                                                   J. Parent                          

                                                                                                                   Assessment Officer               

Toronto, Ontario

December 20, 2001


                                                FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                      A-54-99

STYLE OF CAUSE:                                     JEAN PATOU INC.

                                                                                                                                            Appellant

- and -

LUXO LABORATORIES LIMITED

Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

ASSESSMENT OF COSTS -

REASONS BY:                                               JOHANNE PARENT, Assessment Officer

DATED:                                                          DECEMBER 20, 2001

WRITTEN SUBMISSIONS BY:                  Philippe Leroux

For the Applicant

Kenneth D. McKay

For the Respondent

SOLICITORS OF RECORD:                      Brouillette Charpentier Fortin

Lawyers, S.E.N.C.

Patent & Trade Mark Agents

1100 René-Lévesque Blvd. West

25th Floor

Montreal, Quebec

H3B 5C9

For the Applicant

SIM, HUGHES, ASHTON & MCKAY

Barristers and Solicitors

6th Floor

330 University Ave.

Toronto, Ontario

M5G 1R7

For the Respondent


FEDERAL COURT OF CANADA

Date: 20011220

                                                      Docket: A-54-99

BETWEEN:

JEAN PATOU INC.

                                                                              Appellant

- and -

LUXO LABORATORIES LIMITED

Respondent

                                                                                

ASSESSMENT OF COSTS - REASONS

                                                                                

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