Duterville v. Canada, 2005 FC 1206

Date: 20050902

Dockets: T-2223-01

T-2227-01

T-307-02

T-1210-02

Citation: 2005 FC 1206

BETWEEN:

                                                         ALBERT DUTERVILLE

                                                                                                                                            Applicant

                                                                           and

                                                    HER MAJESTY THE QUEEN

and

ATTORNEY GENERAL OF CANADA

and

COMMISSIONER OF CORRECTIONAL SERVICES CANADA

and

DEPUTY COMMISSIONER OF CORRECTIONAL SERVICES CANADA

Respondents

ASSESSMENT OF COSTS - REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]         On October 29, 2004, the Court granted the motion to dismiss the applications for judicial review with costs.

[2]         On April 11, 2005, Éric Lafrenière, counsel for the respondents, filed a bill of costs and asked that it be assessed without appearance by the parties.

[3]         A letter was sent to the parties setting a schedule and they filed their written submissions accordingly. I will now proceed to the assessment of costs.

[4]         The fees are awarded as amended in the respondents' submissions in response: Item 2 - Preparation of a reply record (4 units), item 5 - Preparation and filing of a motion (3 units) and item 26 - Assessment of a Bill of Costs (2 units).

[5]         With respect to the disbursements totalling $266.91 for photocopying fees and service fees, those are allowed as claimed since they appear to be reasonable and are established by affidavit.

[6]         With respect to the applicant's submissions regarding his financial incapacity, I would like to point out that pursuant to section 400 of the Federal Court Rules, only the Court has the power to award costs. The assessment officer's role is to set the amount of the costs when the Court has awarded them to a party. As the Court awarded costs in this matter, the assessment officer must therefore calculate those amounts. Accordingly, the respondents' costs are assessed and allowed in the amount of $1,346.91. A certificate of assessment will be issued in that amount. A copy of the reasons will be placed in the following dockets: T-2227-01, T-307-02 and T-1210-02.

            "Diane Perrier"          

DIANE PERRIER

      ASSESSMENT OFFICER

QUÉBEC, QUEBEC

September 2, 2005

Certified true translation

Kelley A. Harvey, BCL, LLB

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                                          T-2223-01, T-2227-01, T-307-02, T-1210-02

STYLE OF CAUSE:                          ALBERT DUTERVILLE

Applicant

and

HER MAJESTY THE QUEEN and ATTORNEY GENERAL OF CANADA and

COMMISSIONER OF CORRECTIONAL SERVICES CANADA

and DEPUTY COMMISSIONER OF CORRECTIONAL SERVICES CANADA

Respondents

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT:            Québec, Quebec            

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:                      September 2nd, 2005

SOLICITORS OF RECORD:

Department of Justice Canada              FOR THE RESPONDENTS

Montréal, Quebec