Marcoux v. Canada (Attorney General), 2002 FCT 41

Date: 20020115

Docket: T-2124-98

Citation: 2002 FCT 41

BETWEEN:

YVETTE MARCOUX

Plaintiff

- and -

ATTORNEY GENERAL OF CANADA

Defendant

ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]        This application for judicial review was dismissed with costs on November 30, 1999. The case was subsequently appealed and the Federal Court of Appeal dismissed the appeal with costs in April 2001.

[2]        Patrick Vézina, counsel for the defendant, filed his bill of costs on July 13, 2001 and asked that it be assessed without a personal appearance by the parties. As no written submissions have been received within the specified deadlines, we will proceed to assess the defendant's bill.

[3]        As fees counsel for the defendant claimed the following items:

item 2                 6 units

item 13(a)          4 units

item 14(a)          2 units for 3.5 hours' attendance in court

item 25 1 unit

item 26 4 units

These claims seem reasonable in the circumstances and will be awarded. However, Mr. Vézina based the value of each unit on the amount of $100. I must increase this value to $110 following a directive by the Honourable Chief Justice on March 6, 2001, setting out the new value of the Tariff in effect on April 1, 2001. Consequently, the total amount of the services to be assessed will increase from $2,200 to $2,420.

[4]        The amount of $1,247.38 is awarded for disbursements to be assessed.

[5]        The defendant's costs are assessed and allowed in the amount of $3,667.38. A certificate will be issued for that amount.

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.

                                                       FEDERAL COURT OF CANADA

                                                                    TRIAL DIVISION

                                NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:                                                           T-2124-98

BETWEEN:                                                                       YVETTE MARCOUX

Plaintiff

- and -

ATTORNEY GENERAL OF CANADA

Defendant

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE

REASONS BY:                                                                François Pilon, Assessment Officer

PLACE OF ASSESSMENT:                                           Halifax, Nova Scotia

DATE OF REASONS:                                                    January 15, 2002

SOLICITORS OF RECORD:

Pothier, Delisle                                                                  FOR THE PLAINTIFF

Sainte-Foy, Quebec

Morris Rosenberg                                                              FOR THE DEFENDANT

Deputy Attorney General of Canada

Ottawa, Ontario