Lavigne v. Canada (Commissioner of Official Languages), 2006 FC 620

: 20060518

Docket: T-2291-03

Citation: 2006 FC 620

Between:

ROBERT LAVIGNE

Plaintiff

AND

THE OFFICE OF THE COMMISSIONER

OF OFFICIAL LANGUAGES

Defendant

AND

HER MAJESTY THE QUEEN

Defendant

AND

HUMAN RESOURCES DEVELOPMENT

(FORMERLY HEALTH AND WELFARE CANADA)

Defendant

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On October 1, 2004, the Court dismissed the plaintiff's motion to set aside the Prothonotary's order dated May 28, 2004 striking out the plaintiff's action. The bills of costs of the defendant, Her Majesty the Queen, were presented on February 1, 2006 for assessment in writing. To date, I have not received any reply to my letter dated February 24, 2006.

[2]                After reviewing the proceedings in the record, the fees are awarded in the amount of $ 4,092 for the following items of Tariff B: 5 (14 units), 6 (hearing of March 15, 2004, 3 units X 2 hrs 12 min.), 6 (hearing of September 27, 2004, 3 units X 3 hrs 30 min.), 25 (1 unit) and 26 (2 units). The defendant is compensated under items 5 and 6 for the preparation of his motion filed pursuant to Rule 221 of the Federal Courts Rules and the filing of the materials in response to the plaintiff's motion in appeal including the appearance of counsel on both motions. The claims under items 13 and 14 are refused: these items apply to the preparation and hearing of a trial, not of motions as it is the case here. I allow 1 unit under item 25. This item is designed to compensate counsel for all services rendered following final disposition of a matter and can be claimed only once by a party. I have reduced the number of units for the assessment of costs given that none of it was disputed. With respect to the disbursements incurred in this case in the amount of $ 1,794.46, they are allowed as such.

[3]                The defendant's costs are taxed in the amount of $ 5,886.46. A certificate is issued for that amount.

DATED AT MONTREAL THIS 18TH DAY OF MAY, 2006.

FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                           T-2291-03

STYLE OF CAUSE:

ROBERT LAVIGNE

Plaintiff

AND

THE OFFICE OF THE COMMISSIONER

OF OFFICIAL LANGUAGES

Defendant

AND

HER MAJESTY THE QUEEN

Defendant

AND

HUMAN RESOURCES DEVELOPMENT

(FORMERLY HEALTH AND WELFARE CANADA)

Defendant

ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                   Montreal, Quebec

ASSESSMENT OF COSTS -

REASONS BY:                                   MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                      MAY 18, 2006

SOLICITORS OF RECORD :

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                             for the defendants, Her Majesty the Queen and Human Resources Development

Commissioner of Official Languages

Ottawa, Ontario                                                             for the defendant, The Office of the Commissioner of Official Languages