Ferme avicole Kiamika Inc. v. Canada

Ferme avicole Kiamika Inc. v. Canada

Allow counsel fees claimed except items tied to an unfiled pre-trial memorandum (item 10) and pre-trial/management conference attendance (item 11) because no supporting pre-trial memorandum was filed and court orders are silent on costs; allow item 26 in reduced units because assessment was uncontested; adjust unit value to April 1, 2009; disallow travel duplicated in related file, resulting in total allowed $4,378.41.

Citation
2010 FC 789
Parties
Plaintiff by Counterclaim: FERME AVICOLE KIAMIKA INC.; Defendant by Counterclaim: HER MAJESTY THE QUEEN
Court
Federal Court
Jurisdiction
Canada
Judgment Date
28 July 2010
Procedural Posture
Assessment of Costs / Assessment of Costs Following Dismissal and Striking of Claim
Outcome
Bill of costs filed by Defendant assessed and allowed in part; total allowed $4,378.41; certificate of assessment to be issued.
Legal Topics
Assessment of Costs, Bill of Costs, Pre Trial Conference, Outlays, Counsel Fees
Source Language
English
Civil Procedure Costs and Taxation Federal Court Practice Assessment of Costs Bill of Costs Pre Trial Conference Outlays Counsel Fees

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Parties

FERME AVICOLE KIAMIKA INC.

Plaintiff by Counterclaim

HER MAJESTY THE QUEEN

Defendant by Counterclaim

Procedural Posture

Assessment of Costs / Assessment of Costs Following Dismissal and Striking of Claim

Legal Issues

  1. 1 Whether specific items in the bill of costs are allowable (items 10, 11, 26)
  2. 2 Whether pre-trial memorandum prerequisite under Federal Courts Rules was filed
  3. 3 Whether costs for management/pre-trial conferences may be awarded absent an order

Ratio Decidendi

Allow counsel fees claimed except items tied to an unfiled pre-trial memorandum (item 10) and pre-trial/management conference attendance (item 11) because no supporting pre-trial memorandum was filed and court orders are silent on costs; allow item 26 in reduced units because assessment was uncontested; adjust unit value to April 1, 2009; disallow travel duplicated in related file, resulting in total allowed $4,378.41.

Court Disposition

Bill of costs filed by Defendant assessed and allowed in part; total allowed $4,378.41; certificate of assessment to be issued.

Orders

  • Bill of costs assessed and allowed in the amount of $4,378.41.
  • Certificate of assessment to be issued for $4,378.41.