Cooke v. Canada (Correctional Services), 2005 FC 1539

Date: 20051115

Docket: T-924-04

Citation: 2005 FC 1539

BETWEEN:

DAVID WILLIAM COOKE

                                                                                                                                          Applicant

and

CORRECTIONAL SERVICES OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

Willa Doyle

Assessment Officer

[1]                 The Applicant sought judicial review of a decision taken by the Canadian Human      Rights Commission against Correctional Services of Canada. The Court dismissed            the application with costs.

[2]                 Ms. Jessica Harris, counsel for the Respondent, filed the Respondent's Bill of           Costs and requested the Assessment be held by way of written submissions.

[3]                 I issued a timetable for written submissions and supporting material.

[4]         The Applicant also tendered a Bill of Costs - this was sent to the Presiding Judge     for clarification.    Written directions received from the Court:                                  

The Honourable Mr. Justice Phelan dated 8-SEP-2005 directing that            

"The general rule is that costs follow the event. The Respondent, being      

successful on the judicial review application in having it dismissed, is     

entitled to its costs on a party and party basis. There are no grounds under

Rule 400(6) (d) upon which to assess costs against the successful party."

[5]         The Applicant did not file any materials in reply to the Respondent's Bill of Costs       nor to the supporting material presented by the Respondent.

[6]         The Respondent claimed four units for item 2 - Preparation of Respondent's             record, two units for item 13(a) - Preparation for Hearing, and four units (two hours        x two units) for item 14(a) - Counsel fee. In each instance the      Respondent requested the minimum assessable number of units, Column III in Tariff B of the             Federal Courts Rules. These amounts, not contested by the Applicant, are allowed as requested.

.

[7]         I then reviewed the disbursements section of the Respondent's Bill of Costs.                         The items here were listed as: Quick law research - $5.97; however, the receipts for this item and the figure in the supporting affidavit total $5.46 - therefore            $5.46 for this item will be allowed. Priority Post is allowed at $19.70 as presented        in the affidavit of Monique Lefebvre and also supported by copies of relevant             invoices. Photocopying is presented at $396.45. However, upon review, the             receipts for photocopying enumerated in item "C" attached to the affidavit of           Monique Lefebvre appear to include an amount of $141.03 for a motion record.           Review of the recorded entries for this file in relation to this motion reveals that the         motion was dismissed with the Order stating:" ...There shall be no order as to             costs." Therefore, the photocopying claim will be reduced by the amount of the           $141.03. Total disbursements in the amount of $280.58 will be allowed. The Bill of     Costs presented at $1, 621.61 is assessed and allowed in the amount of $1,480.58.

[8]        A certificate is issued in this Federal Court proceeding for $1, 480.58.

                                                                                                                (signed) Willa Doyle

Fredericton, New Brunswick

November 15, 2005

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-924-04

STYLE OF CAUSE:                                     DAVID WILLIAM COOKE

                                                            -and-

                                                            CORRECTIONAL SERVICES OF CANADA                                                     

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

ASSESSMENT OF COSTS -                    

REASONS BY:                                 Willa Doyle, Assessment Officer

DATED:                                              November 15, 2005

SOLICITORS OF RECORD:

                                                            FOR THE APPLICANT

Jessica Harris                                  FOR THE RESPONDENT

Justice Canada

Halifax, NS