Bacardi & Company Ltd. v. Havana Club Holdings S.A.
Because the assessment was not contested, the assessment officer allowed the respondent's claimed costs as calculated under the tariff, granted two units under section 26 in each file and applied the half reduction under item 28 for services by an articling law student, and issued certificates of assessment...
Source-derived case information.
- Citation
- 2005 FCA 381
- Parties
- Appellant: BACARDI & COMPANY LIMITED; Respondent: HAVANA CLUB HOLDINGS S.A.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 14 November 2005
- Procedural Posture
- Costs Assessment / Assessment of Costs Following Federal Court of Appeal Decision
- Outcome
- Respondent awarded costs and certificates of assessment issued.
- Legal Topics
- Costs, Tariff, Assessment Officer, Gst/pst, Articling Law Student Fee Reduction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BACARDI & COMPANY LIMITED
Appellant
HAVANA CLUB HOLDINGS S.A.
Respondent
Procedural Posture
Costs Assessment / Assessment of Costs Following Federal Court of Appeal Decision
Legal Issues
- 1 Whether costs claimed should be allowed
- 2 Application of tariff item 26 units and item 28 reduction for articling law student
- 3 Issuance of certificates of assessment
Ratio Decidendi
Because the assessment was not contested, the assessment officer allowed the respondent's claimed costs as calculated under the tariff, granted two units under section 26 in each file and applied the half reduction under item 28 for services by an articling law student, and issued certificates of assessment reflecting those amounts.
Court Disposition
Respondent awarded costs and certificates of assessment issued.
Orders
- Costs allowed in file A-447-03 in the amount of $6,155.94 (fees and disbursements as assessed).
- Costs allowed in file A-448-03 in the amount of $7,751.07 (fees and disbursements as assessed).
Full Case Text
Judgment text and source record
1 paragraphs
Bacardi & Company Ltd. v. Havana Club Holdings S.A. Court (s) Database Federal Court of Appeal Decisions Date 2005-11-14 Neutral citation 2005 FCA 381 File numbers A-447-03 Decision Content Date: 20051114 Docket: A-447-03 Citation: 2005 FCA 381 BETWEEN: BACARDI & COMPANY LIMITED Appellant AND HAVANA CLUB HOLDINGS S.A. Respondent ASSESSMENT OF COSTS – REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is an assessment of the respondent’s costs following a decision delivered on June 8, 2004, by the Federal Court of Appeal. Only Karine Iskandar, an articling law student, appeared at the hearing of October 13, 2005, as the appellant had already indicated to her that it did not intend to contest the costs as requested. [2] Under the circumstances, costs are allowed as follows: $6,155.95 in file A‑447-03 (fees of $5,038.10, or $4,380 x GST/PST + disbursements of $1,117.85) and $7,751.07 in file A‑448‑03 (fees of $5,038.10 + disbursements of $2,712.97). Since the assessment was not contested, I am allowing two units under section 26 in each file. Note that the amounts allowed under item 26 are reduced by half in accordance with item 28 of the Tariff, as those services were provided by an articling law student. [3] Certificates of assessment are accordingly issued in files A-447-03 ($6,155.94) and A‑448‑03 ($7,751.07), and a copy of these reasons is placed in file A-448-03. DATED AT MONTRÉAL, THE 14TH DAY OF NOVEMBER, 2005. Signed: “Michelle Lamy” Assessment Officer Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-447-03 STYLE OF CAUSE: BACARDI & COMPANY LIMITED v. HAVANA CLUB HOLDINGS S.A. ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec DATE OF ASSESSMENT: October 13, 2005 REASONS FOR ASSESSMENT BY: Assessment Officer Michelle Lamy DATE OF REASONS: November 14, 2005 APPEARANCES: Karine Iskandar FOR THE RESPONDENT SOLICITORS OF RECORD: GOWLING, LAFLEUR, HENDERSON FOR THE APPELLANT Ottawa, Ontario LÉGER ROBIC RICHARD FOR THE RESPONDENT Montréal, Quebec