Orders and Reasons

---

PORT WELLER DRY DOCKS, A DIVISION OF CANADIAN SHIPBUILDING & ENGINEERING LTD.
v.
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
File No. PR-2003-007R

Order issued
Tuesday, June 29, 2004

---

TABLE OF CONTENTS

• ORDER

---

IN THE MATTER OF a complaint filed by Port Weller Dry Docks, a division of Canadian Shipbuilding & Engineering Ltd., under subsection 30.11(1) of the Canadian International Trade Tribunal Act, R.S.C. 1985 (4th Supp.), c. 47;

AND FURTHER TO a decision of the Federal Court of Appeal, which set aside the order of the Canadian International Trade Tribunal refusing costs to the Crown in File No. PR-2003-007 made on July 14, 2003, and remitted the matter to the Canadian International Trade Tribunal with the direction to award the Crown its reasonable costs.

BETWEEN
PORT WELLER DRY DOCKS, A DIVISION OF CANADIAN SHIPBUILDING & ENGINEERING LTD.	Complainant
AND
THE DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES	Government Institution

ORDER

On May 17, 2004, the Department of Public Works and Government Services submitted to the Canadian International Trade Tribunal its claim for costs in the amount of $5,783.95.¹ That amount represents legal fees for 84.2 hours at $66.66/hour, taxes not applicable, and disbursements in the amount of $170.80, taxes not applicable. Port Weller Dry Docks, a division of Canadian Shipbuilding & Engineering Ltd., did not file comments on the Department of Public Works and Government Services' claim.

In accordance with the Canadian International Trade Tribunal's cost order in Antian Professional Services Inc. ² with respect to the appropriate rate for in-house counsel, the Canadian International Trade Tribunal is of the opinion that the rate charged by the Department of Public Works and Government Services, in this case, is appropriate. The Canadian International Trade Tribunal is also of the opinion that the hours claimed are reasonable in this case and, therefore, allows the Department of Public Works and Government Services its legal costs in the amount of $5,612.77. The Canadian International Trade Tribunal is also of the opinion that the amount of disbursements is reasonable in this case and allows the Department of Public Works and Government Services its costs in the amount of $170.80.

The Canadian International Trade Tribunal hereby allows the Department of Public Works and Government Services costs in the amount of $5,783.57 for responding to the complaint and directs Port Weller Dry Docks, a division of Canadian Shipbuilding & Engineering Ltd., to take appropriate action to ensure prompt payment.

Pierre Gosselin
Pierre Gosselin
Presiding Member

Zdenek Kvarda
Zdenek Kvarda
Member

Ellen Fry
Ellen Fry
Member

Hélène Nadeau
Hélène Nadeau
Secretary

---

1 . Total dollars as added by PWGSC. The correct total is $5,783.57.

2 . (24 October 2003), PR-2002-051 (CITT).