Boudhina v. Canada (Attorney General), 2009 FC 732

Date: 20090720

Docket: T-2026-06

Citation: 2009 FC 732

BETWEEN:

ANDUN BEN BOUDHINA

Applicant

and

ATTORNEY GENERAL OF CANADA

 CANADIAN HUMAN RIGHTS COMMISSION

Respondents

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is an appeal of a decision of Mr. Morneau, Prothonotary that struck Applicant’s application without costs. On June 6, 2007, the Honourable Mr. Justice Noël dismissed the appeal of a decision from Mr. Morneau, Prothonotary, with costs.

[2]               On December 5, 2008, counsel for the Respondent, Attorney General of Canada, filed a bill of costs requesting that the taxation proceed in writing. On January 6, 2009, letters were sent to parties setting a timetable for the filing of written representations. Mr. Andun Ben Boudhina, Applicant, contacted us requesting an extension of time for the filing of his written representations.  Directions were given to parties setting a timetable for the filing of written representations. The Applicant filed written representations not the Respondent. I am now ready to proceed with the taxation of the bill of costs.

[3]               Respondent counsel fees are allowed in the amount of $720. I have allowed the following counsel fees: item 4 – preparation and filing of Respondent’s motion to dismiss (4 units) and item 26 – assessment of costs (2 units). I have reduced item 26 from 6 units to 2 because the taxation is not complicated.

[4]               The disbursements are allowed in the amount of $273.97. I have allowed the service and the photocopies of the Respondent’s Motion Record because I consider these amounts reasonable and proven by an affidavit. I have disallowed the filing of the Respondent’s motion record because I do consider that this service is included in item 4 of the assessable service in tariff B.

[5]               In answer to Applicant’s written representations I would like to point out that pursuant to section 400(1) of the Federal Courts Rules, only the Court has the power to award costs. The assessment officer role’s is to set the amount of costs when the Court has awarded them to a party.  So, I have allowed Respondent’s bill of costs in the amount of $993.97. A certificate of assessment will be issued for this amount.

MONTRÉAL, QUEBEC

July 20, 2009

“Diane Perrier”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-2026-06

STYLE OF CAUSE:                          ANDUN BEN BOUDHINA v. ATTORNEY GENERAL OF CANADA, CHRC

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:                      July 20, 2009

WRITTEN REPRESENTATIONS

SOLICITORS OF RECORD: