Beston Chemical Corp. v. Paramount Enterprises International

Beston Chemical Corp. v. Paramount Enterprises International Court (s) Database Federal Court of Appeal Decisions Date 2001-07-30 Neutral citation 2001 FCA 245 File numbers A-924-97 Decision Content Date: 20010730 Docket: A-924-97 Neutral Citation: 2001 FCA 245 ACTION IN REM AGAINST THE CARGO OF EXPLOSIVES OF ABOUT 500 METRIC TONS "PRILLED TNT" AND 500 METRIC TONS "FLAKED TNT" UN0209 1.1D., PRESENTLY ON BOARD THE VESSEL "AN XIN JIANG", ITS OWNERS AND ALL OTHER PERSONS INTERESTED THEREIN AND AGAINST THE VESSEL "AN XIN JIANG", ITS CARGO AND ITS OWNERS AND ALL OTHER PERSONS INTERESTED THEREIN AND IN PERSONAM AGAINST BESTON CHEMICAL CORPORATION, INC., CHINA NORTH CHEMICAL INDUSTRIES CORPORATION, CHINA XINSHIDAI COMPANY, CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) AND GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) Between: BESTON CHEMICAL CORPORATION INC. Appellant AND PARAMOUNT ENTERPRISES INTERNATIONAL, INC. Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] Pursuant to a motion to strike out by the defendants China Ocean Shipping (Group) Co. and Guangzhou Ocean Shipping Company (hereinafter referred to as "Cosco") in docket T-956-97, Mr. Richard Morneau, Prothonotary, ordered on September 30, 1997 that the action in rem by Paramount in relation to the vessel and the cargo did not disclose any reasonable cause of action. On December 17, 1997, Madam Justice Tremblay-Lamer allowed in part the appeal filed by the plaintiff. [2] On December 15, 2000, the Court of Appeal allowed the appeals of the defendants Cosco (A-929-97) and Beston Chemical Corporation Inc. (A-924-97) and restored the order of Prothonotary Richard Morneau of September 30, 1997 while awarding the defendants/appellants their costs both at trial and on appeal. [3] The assessment of the costs of Beston Chemical Corporation was held on June 8, 2001 in the presence of Ms. Marilyn Thibault as well as Mr. Guy Vaillancourt, counsel for the defendants/appellants Cosco, and Mr. Jean-Marie Fontaine representing the plaintiff/respondent. The costs incurred by Beston Chemical, both at trial and on appeal, amount to $11,956.71, or $10,400.00 in fees calculated under Tariff B and $1,556.71 for miscellaneous disbursements. It should be noted that this assessment was held at the same time as that of the defendants/appellants Cosco (T-956-97). [4] Ms. Marilyn Thibault is requesting in her bill of costs the maximum units provided in column III for the services rendered under Tariff B. Since the submissions by the parties on this point are identical to those advanced in docket T-956-97, all of the fees requested by Beston Chemical are awarded for the same reasons, other than the following items, which are assessed as follows: - Mr. Vaillancourt withdrew his request under item 24 because of the decision rendered by Mr. Justice Denault in Sim v. Buttino Investments Inc. (1997), F.C.J. No. 1607; - the claims made under item 13(a) for the preparation of submissions and books of authorities in anticipation of the hearing of Cosco's motion before the Prothonotary Richard Morneau and preparation for the hearing of Paramount's appeal, which was heard by Madam Justice Tremblay-Lamer, are assessed under item 5 (7 units) because these were interlocutory motions. [5] In regard to the court fees paid under Tariff A ($50) and the disbursements incurred in the amount of $1,506.71, they are awarded as such, as they are not contested by Mr. Lauzon. [8] Beston Chemical Corporation's costs are therefore assessed in the amount of $11,856.71, and a certificate shall issue for that amount. As to the interest requested on the costs, my decision is the same as that rendered in docket T-956-97. MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC July 30, 2001 Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010730 Docket: A-924-97 Between: BESTON CHEMICAL CORPORATION, INC. Appellant AND PARAMOUNT ENTERPRISES INTERNATIONAL, INC., Respondent ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET NO: A-924-97 STYLE: Between: BESTON CHEMICAL CORPORATION, INC. Appellant AND PARAMOUNT ENTERPRISES INTERNATIONAL, INC., Respondent PLACE OF HEARING: Québec, Quebec DATE OF HEARING: June 8, 2001 ASSESSMENT OF COSTS - REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATED: July 30, 2001 APPEARANCES: Jean-Marie Fontaine FOR THE RESPONDENT (PLAINTIFF) PARAMOUNT INTERNATIONAL INC. Guy Vaillancourt FOR CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) ET GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) Marilyn Thibault FOR THE APPELLANT (DEFENDANT) BESTON CHEMICAL CORPORATION Page: 2 SOLICITORS OF RECORD: Sproule, Pollack Montréal, Quebec FOR THE RESPONDENT (PLAINTIFF) PARAMOUNT INTERNATIONAL INC. Étude légale Guy Vaillancourt Québec, Quebec FOR CHINA OCEAN SHIPPING (GROUP) CO. (COSCO) ET GUANGZHOU OCEAN SHIPPING COMPANY (COSCO GUANGZHOU) Langlois Gaudreau Québec, Quebec FOR THE APPELLANT (DEFENDANT) BESTON CHEMICAL CORPORATION