Superintendant of Bankruptcy v. Pfeiffer
The assessment officer allowed fees of $1,204.80 and disbursements of $652.50, disallowing travel costs for a second counsel and adjusting claimed hearing time and kilometres; the bill of costs submitted ($2,284.17) was allowed in the reduced amount of $1,857.30 and a certificate of assessment will be issued for that amount.
- Citation
- 2008 FC 1019
- Parties
- Moving Party: Superintendant of Bankruptcy; Moving Party: Attorney General of Canada; Respondent: Sydney H. Pfeiffer; Respondent: Pfeiffer & Pfeiffer Inc.
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 10 September 2008
- Procedural Posture
- Enforcement Motion Under Part 12 of the Federal Courts Rules / Assessment of Costs
- Outcome
- Bill of costs allowed in part in the amount of $1,857.30; certificate of assessment to be issued.
- Legal Topics
- Enforcement of Tribunal Order, Assessment of Costs, Disbursements, Travel Expenses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Superintendant of Bankruptcy
Moving Party
Attorney General of Canada
Moving Party
Sydney H. Pfeiffer
Respondent
Pfeiffer & Pfeiffer Inc.
Respondent
Procedural Posture
Enforcement Motion Under Part 12 of the Federal Courts Rules / Assessment of Costs
Legal Issues
- 1 Whether the bill of costs should be allowed and in what amount
- 2 Whether travel costs for a second counsel are allowable without a court order
- 3 Whether claimed hours and kilometres are reasonable and require adjustment
Ratio Decidendi
The assessment officer allowed fees of $1,204.80 and disbursements of $652.50, disallowing travel costs for a second counsel and adjusting claimed hearing time and kilometres; the bill of costs submitted ($2,284.17) was allowed in the reduced amount of $1,857.30 and a certificate of assessment will be issued for that amount.
Court Disposition
Bill of costs allowed in part in the amount of $1,857.30; certificate of assessment to be issued.
Orders
- Fees allowed in the amount of $1,204.80.
- Disbursements allowed in the amount of $652.50, except travel costs for a second counsel disallowed; travel costs allowed for one counsel with kilometres adjusted to 200 km at $0.51 per km ($102).
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