Mayflower Transit, Inc. v. Bedwell Management Systems Inc.

Mayflower Transit, Inc. v. Bedwell Management Systems Inc.

Because the plaintiff's bill of costs fell within the authority of the prior court order and applicable tariff, and because the defendants failed to participate or challenge the items, the assessment officer allowed the full solicitor-client bill of $17,997.04 and directed interest pursuant to the Federal Courts Act s.37(1) and the Ontario Courts of Justice Act ss.129-130; the officer applied the neutrality principle and refused to disallow items only on grounds outside the judgment or tariff.

Citation
2004 FC 1056
Parties
Plaintiff (defendant by Counterclaim): Mayflower Transit, Inc.; Defendant (plaintiff by Counterclaim): Bedwell Management Systems Inc.; Defendant (plaintiff by Counterclaim): Mayflower Moving Systems Inc.; Defendant (plaintiff by Counterclaim): James R. Bedwell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 August 2004
Procedural Posture
Assessment of Costs / Assessment Without Personal Appearance of Parties
Outcome
Plaintiff's bill of costs assessed and allowed in full at $17,997.04; defendants jointly and severally liable to pay solicitor-client costs with interest as prescribed by statute.
Legal Topics
Solicitor Client Costs, Assessment of Costs, Interest on Costs, Assessment Procedure
Source Language
English
Civil Procedure Costs Contempt Solicitor Client Costs Assessment of Costs Interest on Costs Assessment Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mayflower Transit, Inc.

Plaintiff (defendant by Counterclaim)

Bedwell Management Systems Inc.

Defendant (plaintiff by Counterclaim)

Mayflower Moving Systems Inc.

Defendant (plaintiff by Counterclaim)

James R. Bedwell

Defendant (plaintiff by Counterclaim)

Procedural Posture

Assessment of Costs / Assessment Without Personal Appearance of Parties

Legal Issues

  1. 1 Whether the plaintiff's bill of costs of $17,997.04 should be allowed on a solicitor-client basis
  2. 2 Whether the assessment officer may certify items outside the authority of the judgment and tariff
  3. 3 Effect of defendants' non-participation in the assessment process

Ratio Decidendi

Because the plaintiff's bill of costs fell within the authority of the prior court order and applicable tariff, and because the defendants failed to participate or challenge the items, the assessment officer allowed the full solicitor-client bill of $17,997.04 and directed interest pursuant to the Federal Courts Act s.37(1) and the Ontario Courts of Justice Act ss.129-130; the officer applied the neutrality principle and refused to disallow items only on grounds outside the judgment or tariff.

Court Disposition

Plaintiff's bill of costs assessed and allowed in full at $17,997.04; defendants jointly and severally liable to pay solicitor-client costs with interest as prescribed by statute.

Orders

  • Defendants Bedwell Management Systems Inc., Mayflower Moving Systems Inc., and James R. Bedwell to pay jointly and severally to Mayflower Transit, Inc. the assessed costs of $17,997.04 on a solicitor-client basis.
  • Interest on the assessed amount to be paid pursuant to the Federal Courts Act, s.37(1) and the Ontario Courts of Justice Act, ss.129-130.