Federal Court
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Cour
fédérale
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Date:
20100817
Docket:
T-903-04
Citation:
2010 FC 821
[ENGLISH
TRANSLATION]
BETWEEN:
SKANDER TOURKI
Applicant
and
THE MINISTER OF
PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
ASSESSMENT
OF COSTS – REASONS
DIANE
PERRIER, ASSESSMENT OFFICER
[1]
This is an assessment of the applicant’s costs following
the Court’s judgment on January 19, 2006, dismissing the applicant’s action
with costs.
[2]
On June 17, 2010, the respondent’s counsel filed a bill
of costs and requested that the assessment be disposed of in writing. On June
29, 2010, an instruction was sent out to the parties setting a schedule for the
filing of written representations. To this day, having received no written
representations, I am now ready to assess the costs according to the documentation
on record.
[3]
The respondent claims the following fees: item 2 –
defence preparation (7 units), item 7 – disclosure – affidavit of documents (5
units), item 8 – examination preparations (5 units), item 9 – attendance at the
examination, for each hour (2:15 hours, February 1, 2005) (3 units), item 10 –
preparation for the pre-trial conference, including the factum (6 units), item
11 – attendance at the examination, for each hour (40 minutes, May 18, 2005) (3
units), item 12 – notices to admit (3 units), item 13 a) – hearing preparation
(5 units), item 13 b) – hearing preparation, for each day in Court after the
first day (1 day) (3 units), item 14 a) counsel fees, hearing on December 12,
2005 (5:11) and on December 3, 2005 (6:45) (3 units), item 15 – preparation and
filing of a written argument requested by the Court (7 units), item 25 –
services rendered after the judgment not otherwise specified (1 unit), and item
26 – assessment of fees (6 units).
[4]
The claimed fees are allowed in the amount of
$11,511.50, except for item 26, for which I’ve allowed 2 units, since the
assessment is neither complex nor contested. On April 1, 2009, the unitary
value of Tariff B was amended, changing from $120 to $130. I have therefore
made the necessary adjustments.
[5]
All disbursements claimed in the amount of $1,817.83
are allowed for the photocopying fees, bailiff fees, and court reporter fees on
February 1, 2005, since they seem reasonable to me, are not contested, and the evidence
was done by affidavit.
[6]
The bill of costs submitted by the respondent for
$12,923.83 is assessed and allowed in the amount of $13,329.33. An assessment
certificate will be issued for this amount.
MONTRÉAL, QUEBEC
August 17, 2010
“Diane Perrier”
DIANE
PERRIER
ASSESSMENT
OFFICER
FEDERAL
COURT
SOLICITORS
OF RECORD
DOCKET:
T-903-04
STYLE
OF CASE: SKANDER
TOURKI
v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
ASSESSMENT
OF COSTS IN WRITING
PLACE
OF HEARING:
Montréal, Quebec
REASONS
BY DIANE PERRIER, ASSESSMENT OFFICER
DATED:
August 17, 2010
APPEARANCES:
Choquette,
Beaupré, Rhéaume
Montréal, Quebec
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FOR THE APPLICANT
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Myles
J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
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FOR THE RESPONDENT
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