Date:
20090622
Docket:
07-T-49
Citation:
2009 FC 651
[ENLGISH
TRANSLATION]
BETWEEN:
DUC
DUONG PHAM
Plaintiff
and
ATTORNEY
GENERAL OF CANADA
Defendant
ASSESSMENT
OF COSTS – REASONS
DIANE PERRIER,
ASSESSMENT OFFICER
[1]
On
November 30, 2007, the plaintiff filed a discontinuance of his application for
an extension of time to file a judicial review; the defendant, under Rule 402
of the Federal Courts Rules, is therefore entitled to those costs.
[2]
On
March 24, 2009, counsel for the defendant filed a bill of costs and asked that
it be assessed without appearance of the parties. On April 23, 2009, letters
were sent to the parties setting a timeline for filing written submissions.
Since I have not received any written submissions to date, I am now ready to
assess the costs based on the documentation on record.
[3]
The
plaintiff claims 7 units for item 2 – Statement of claim and counterclaim. It
would have been more appropriate to use item 5 instead of item 2, because item
5 is under heading “B. Motions” of Tariff B. However, I cannot allow
this item and the disbursements because there is no Court order that rules on
this motion and the costs thereof under Rule 400(1) of the Federal Courts
Rules.
[4]
The
defendant claims 6 units for assessment (item 26). Since this is neither
challenged or complicated, I will allow 2 units.
[5]
The
defendant’s bill of costs is allowed and assessed in the amount of $240. A
certificate of assessment will be issued for this amount.
MONTRÉAL,
QUEBEC
June
22, 2009
“Diane
Perrier”
DIANE PERRIER
ASSESSMENT
OFFICER
FEDERAL
COURT
SOLICITORS OF RECORD
DOCKET: 07-T-49
STYLE OF CAUSE: DUC
DUONG PHAM v. ATTORNEY GENERAL OF CANADA
ASSESSMENT
OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal,
Quebec
REASONS
OF: DIANE PERRIER, ASSESSMENT OFFICER
DATED:
June 22, 2009
SOLICITORS
OF RECORD
|
Gerardo Nicolo
Laval, Quebec
|
FOR THE PLAINTIFF
|
|
John Sims, Q.C.
Deputy Attorney General of
Canada
Montréal, Quebec
|
FOR THE DEFENDANT
|
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