Sandy Bay Ojibway First Nation v. Beaulieu, 2001 FCT 844

                                                                                                                                 Date: 20010731

                                                                                                                             Docket: T-1041-99

                                                                                                       Neutral Citation: 2001 FCT 844

BETWEEN:

THE CHIEF AND COUNCIL OF THE SANDY BAY OJIBWAY FIRST NATION BAND, as represented by Chief JOHN SPENCE, Councillor RAYMOND BEAULIEU, Councillor TOM RICHARD, Councillor KEN RICHARD, and Councillor EDWARD STARR,

Applicants,

                                                                         - and -

DIANA BEAULIEU, JEANNETTE HOULE, JOHN R. SPENCE SR., MANUEL JOSEPH SPENCE, and CATHERINE MOUSSEAU,

Respondents.

ASSESSMENT OF COSTS - REASONS

Gerald Parlee

Assessment Officer

[1]         This party and party assessment is pursuant to the order of the Court dated April 11, 2001 whereby the Respondents must pay to the Applicants the Applicant's costs of litigation (in addition to any outstanding costs earlier awarded) plus any necessary disbursements.

[2]         The Applicant's bill of costs was filed May 14, 2001. Written submissions were requested by an assessment officer on May 31, 2001 and a submission from the Applicant was filed June 14, 2001. No reply was filed by the Respondents.

Page 2

[3]         Pursuant to the orders of the Court on April 11, 2001 and August 26, 1999, as well as the written submission of the Applicants filed June 14, 2001, I consider the bill of costs reasonable, in accordance with the Federal Court Tariff, and therefore allowed as presented at $5,915.43. A certificate will be issued.

"Gerald Parlee"       

Gerald Parlee

Assessment Officer

Ottawa, Ontario

July 31, 2001

                                                 FEDERAL COURT OF CANADA

                                                              TRIAL DIVISION

                         NAMES OF SOLICITORS AND SOLICITORS OF RECORD

COURT FILE NO.:    T-1041-99

BETWEEN:

THE CHIEF AND COUNCIL OF THE SANDY BAY OJIBWAY FIRST NATION BAND, as represented by Chief JOHN SPENCE, Councillor RAYMOND BEAULIEU, Councillor TOM RICHARD, Councillor KEN RICHARD, and Councillor EDWARD STARR,

Applicants,

                                                                         - and -

DIANA BEAULIEU, JEANNETTE HOULE, JOHN R. SPENCE SR., MANUEL JOSEPH SPENCE, and CATHERINE MOUSSEAU,

Respondents.

PLACE OF ASSESSMENT:                          Ottawa, Ontario by Written Submissions

DATE OF ASSESSMENT:                                        July 31, 2001

REASONS FOR ASSESSMENT DATED JULY 31, 2001 BY G. PARLEE, ASSESSMENT OFFICER

SUBMISSIONS FROM:

Mr. Wayne P. Forbes                                                    for the Applicants

None filed                                                                     for the Respondents

SOLICITORS OF RECORD:

POLLOCK & COMPANY

Barristers and Solicitors

1610 - 155 Carlton Street

Winnipeg, Manitoba

R3C 3H8                                                                      for the Applicants

LEVENE LEVENE TADMAN

Barristers and Attorneys-at-law

7th Floor, 330 St. Mary Avenue

Winnipeg, Manitoba

R3C 3Z5                                                                       for the Respondents

Date:    20010731

Docket: T-1041-99

BETWEEN:

THE CHIEF AND COUNCIL OF THE SANDY BAY OJIBWAY FIRST NATION BAND, as represented by Chief JOHN SPENCE, Councillor RAYMOND BEAULIEU, Councillor TOM RICHARD, Councillor KEN RICHARD, and Councillor EDWARD STARR,

Applicants,

                                                                         - and -

DIANA BEAULIEU, JEANNETTE HOULE, JOHN R. SPENCE SR., MANUEL JOSEPH SPENCE, and CATHERINE MOUSSEAU,

Respondents.

                                                CERTIFICATE OF ASSESSMENT

I HEREBY CERTIFY that the Bill of Costs of the Applicants, presented at $5,915.43, is assessed and allowed in the amount of five thousand, nine hundred fifteen dollars and forty three cents.

DATED AT OTTAWA, Ontario, this 31st day of July, 2001.

____________________

Gerald Parlee

Assessment Officer