Date: 20010124
Docket: T-1306-99
BETWEEN:
MICHEL LAVOIE
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
Defendant
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is an assessment in writing of the Attorney General of Canada's costs pursuant to the judgment rendered by Pinard J. on August 14, 2000 dismissing the application for judicial review with costs.
[2] In response to the plaintiff's submissions, I would like to point out that the assessment officer cannot refuse to proceed with the assessment of costs when the latter have been awarded by the Court. Rule 407 of the Federal Court Rules is clear: costs shall be assessed in accordance with column III of Tariff B, regardless of a party's ability to pay.
[3] In light of the submissions by the parties, it seems reasonable to allow the sum of $1,300 as fees for the following items of Tariff B: $500 (item 2), $300 (item 13), $100 (item 14, that is 30-minute hearing x $200/hour) and $400 for assessment of costs.
[4] On the question of disbursements, I accept the plaintiff's argument regarding the bailiff's fees. Service of the affidavits of Daniel Perreault and Eric Cyr in person was not necessary and could have been done by one of the methods set out in Rule 140 of the Federal Court Rules. In this connection, the costs to be paid by the plaintiff are $13.91.
[5] It is accepted practice to award the sum of $0.25 a page for whatever number of photocopies is considered reasonable, and this is the case here. For this reason, I award the sum of $176.25 as requested.
[6] The defendant's bill is accordingly assessed in the amount of $1,490.16 and a certificate is issued for that amount.
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(signed)
MICHELLE LAMY
ASSESSMENT OFFICER
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MONTRÉAL, QUEBEC
January 24, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010124
Docket: T-1306-99
BETWEEN:
MICHEL LAVOIE
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
Defendant
ASSESSMENT OF COSTS - REASONS
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1306-99
BETWEEN:
MICHEL LAVOIE
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
REASONS BY: M. LAMY, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF REASONS: January 24, 2001
SOLICITORS OF RECORD:
Labelle, Boudrault, Côté et Associés for the plaintiff
Montréal, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
Ottawa, Ontario
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