Smith v. Canada (Attorney General), 2010 FC 653

Date: 20100616

Docket: T-1079-09

Citation: 2010 FC 653

BETWEEN:

STEPHEN DAVID SMITH

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               On November 17, 2009, the Federal Court dismissed with costs applicant’s motion for an extension of time to file applicant’s affidavit in an application.

[2]               On March 19, 2010, respondent filed his bill of costs with the affidavit of Suzanne Dussault Harvey and exhibit A and requested that the bill of costs proceed in writing. On April 29, 2010, letters were sent to parties setting a timetable for the filing of written representations. As of this date, the applicant has not filed any written representations. I am now ready to proceed with the assessment of costs based on the documentation on file.

[3]               Respondent requested the maximum number of units for the following assessable services: item 2 – preparation and filing of respondent’s record (7 units) and item 26 – assessment of costs (6 units). The request under item 2 should have been made under item 5 because the document filed is a respondent’s motion record and not a respondent’s record. Taking into consideration criteria set out in Rule 400(3) of the Federal Courts Rules, I have reduced item 5 to 6 units which I consider reasonable for the case at bar. Item 26 – assessment of costs is allowed at 2 units because the taxation is simple and not contested. Therefore, respondent’s assessable service is allowed at $1,040.

[4]               Disbursements in the amount of $111.72 are allowed as requested. I have allowed reproduction of respondent’s motion record in the amount of $106.25 and the service of the respondent’s motion record in the amount of $5.47 because the disbursements appear reasonable and necessary for the case at bar and proven by an affidavit.

[5]               Respondent’s bill of costs presented at $1,801.72 is assessed and allowed in the amount of $1,151.72. A certificate of assessment will be issued for this amount.

MONTRÉAL, QUEBEC

June 16, 2010

“Diane Perrier”

FEDERAL COURT

NAME OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1079-09

STYLE OF CAUSE:                          STEPHEN DAVID SMITH
v. THE ATTORNEY GENERAL OF CANADA

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                  Montréal, Quebec

ASSESSMENT OF COSTS-
REASONS BY:                                  DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:                      June 16, 2010

SOLICITOR OF RECORD:

Myles J. Kirvan, Q.C.                                                              FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec