Nguyen v. Canada (Public Safety and Emergency Preparedness), 2009 FC 420

Date: 20090427

Docket: T-2032-06

Citation: 2009 FC 420

[ENGLISH TRANSLATION]

BETWEEN:

THI THUY NGUYEN

Applicant

and

MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

ASSESSMENT OF COSTS – REASONS

ASSESSMENT OFFICER JOHANNE PARENT

[1]               On December 6, 2007, the Court dismissed with costs the application for judicial review to review the legality of a decision by the respondent. Instructions were sent to the parties on December 18, 2008, which confirmed the assessment of the respondent’s bill of costs without personal appearance of the parties, as well as the time provided for the parties to file written representations. Representatives for the respondent filed an affidavit in support of their bill of costs within the time allowed. Although the applicant was served the instructions dated December 18, 2008, as well as the respondent’s bill of costs and affidavit of costs by registered mail and fax, no written representations were received, not even an application for an extension of time to do so. The assessment of the bill of costs will therefore be conducted, despite his lack of challenge.

[2]               The number of units claimed under items 2 (preparation and filing of the respondent’s record), 13 (preparation for hearing), 14 (attendance at Court), 25 (services rendered after judgment) and 16 (assessment of costs) are allowed as requested. The expenses incurred by the respondent are justified by affidavit and are considered necessary and reasonable costs for the conduct of the case. They are therefore allowed in the total amount of $1,151.28.

[3]               The respondent’s bill of costs is allowed in the amount of $3,941.28. An assessment certificate will be issued for this amount.

“Johanne Parent”

Toronto, Ontario

April 27, 2009

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                                         T-2032-06

STYLE OF CAUSE:                                         THI THUY NGUYEN v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

ASSESSMENT OF COSTS ON FILE WITHOUT APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                            TORONTO, ONTARIO

ASSESSMENT OF COSTS – REASONS:     ASSESSMENT OFFICER

                                                                           JOHANNE PARENT

DATED:                                                            APRIL 27, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: