Logunov v. Sheduva ( The )
T-2514-96
Pilon T.O.
17/10/97
9 pp.
Ship Sheduva sold by Court order for $136,790-Marshall's bill of costs submitted for taxation under R. 1007(8)-All interested parties agreed upon all items listed in bill of costs with exception of three-(1) Amount of sheriff's commission calculated at $7,089.50-Correctly calculated, should be allowed as presented-Discretion to vary sheriff's commission lies only with judge of Court, not with taxing officer-(2) Advertisement on U.K. Lloyd's List placed in error-Circumstances of case supporting disallowance of item-Error in communication within sheriff's office lead to placing of advertisement-Once mistake admitted, other creditors should not be penalized-(3) Claim from Harbour Grace Port Authority in amount of $20,300 for wharfage dues from November 16, 1996 to June 6, 1997-Under R. 1003(9), all costs and expenses to maintain ship remain with ship's owner even after ship placed under arrest-Claim disallowed as not proper marshall's cost in circumstances-Federal Court Rules, C.R.C., c. 663, RR. 1003, 1007.