Date:
20090617
Docket:
IMM-473-08
Citation:
2009 FC 642
[ENGLISH TRANSLATION]
BETWEEN:
ELIDA LUZ ARTEAGA
MENDOZA
ELIANA LOPEZ ARTEAGA
Applicants
and
THE MINISTER OF
CITIZENSHIP
AND
IMMIGRATION
Respondent
ASSESSMENT OF COSTS –
REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1]
This
is an assessment of the respondent’s bill of costs following the order by the
Honourable Mr. Justice Teitelbaum on September 16, 2008, dismissing with costs
the applicants’ motion for extension of time to file the applicants’ record.
[2]
On
November 27, 2008, the Honourable Mr. Justice Lemieux made a final decision
that dismissed the application for leave and judicial review. I can therefore
proceed with assessing the costs of the motion for extension of time based on
the parties’ written representations.
[3]
The
respondent claims the following fees: item 2 – preparation and filing of the
written representations in response to the applicants’ motion for extension of
time (4 units) and item 26 – assessment of costs (2 units).
[4]
In
his bill of costs, the respondent should have claimed item 5 for the
preparation and filing of written representations in response to the applicants’
motion for extension of time instead of item 2, which deals with the respondent’s
record.
[5]
Since
the respondent claims the minimum units for the claimed items, I will therefore
allow 3 units for item 5. Counsel fees are therefore allowed in the amount of
$600.
[6]
Disbursements
in the amount of $7.90 for service of the respondent’s motion record to the
motion for extension of time are allowed as is, as they appear reasonable to me
and the evidence is done by affidavit.
[7]
As
for Mr. Trudel’s written representations for the applicants, I cannot agree,
because as the respondent mentions in his written representations, the order by
the Honourable Mr. Justice Teitelbaum indicated that the motion was dismissed
with costs. Therefore, under Rule 400 of the Federal Courts Rules, only
a judge may award costs. Since the Court awarded costs, the role of the
assessment officer is to establish the amounts of these costs under Tariff B.
Consequently, the respondent’s bill of costs submitted for $727.90 is allowed
and assessed in the amount of $607.90. An assessment certificate will be issued
for this amount.
MONTRÉAL,
QUEBEC
June
17, 2009
“Diane
Perrier”
DIANE PERRIER
ASSESSMENT
OFFICER
FEDERAL COURT
SOLICITORS
OF RECORD
DOCKET: IMM-473-08
Between:
ELIDA LUZ ARTEAGA MENDOZA
ELIANA LOPEZ ARTEAGA
Applicants
and
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ASSESSMENT
OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal,
Quebec
REASONS
OF DIANE PERRIER, ASSESSMENT OFFICER
DATED: June
17, 2009
WRITTEN
REPRESENTATIONS:
Louis
Trudel For
the Applicants
Sylviane
Roy For
the Respondent
SOLICITORS
OF RECORD:
John
Sims
Deputy
Attorney General of Canada
Ottawa,
Ontario For
the Respondent