Dag v. Canada (Public Safety and Emergency Preparedness), 2009 FC 856

Date: 20090828

Docket: T-437-06

Citation: 2009 FC 856

BETWEEN:

MEHMET DAG, CENNET YAS DAG

Applicants

and

THE MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

Respondent

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the assessment of respondent’s bill of costs following the judgment dated April 20, 2007, that dismissed with costs the application for judicial review.

[2]               On April 2, 2009, respondent filed his bill of costs requesting that the assessment be done in writing. On May 6, 2009, letters were sent to parties setting a timetable for the filing of written representations. On May 7, 2009, applicants’ counsel informed the registry that they no longer represented the applicants. On May 25, 2009, letters were sent to the applicants, counsel for applicants and counsel for respondent setting a new timetable for the filing of written representations. As of today, no written representations were filed by the parties. I am now ready to assess the bill of costs.

[3]               Respondent’s assessable services are allowed in the amount of $4,093.70. I allow item 2 – preparation and filing of respondent record (7 units), item 13a) – preparation for trial (5 units), item 14a) - counsel fee to first counsel, per hour in Court (5:50 hours x 3 units) and item 26 – assessment of costs (2 units). Item 14a) has been reduced from 6.5 hours to 5.5 hours for the time in Court as per the minutes of hearing of March 27, 2007 (from 9:30 a.m. to 12:35 a.m. and from 1:45 p.m. to 4:20 p.m.). Item 26 has been reduced from 6 units to 2 units because the assessment is simple and not contested. Given that the unit value was readjusted on April 1, 2009 pursuant to subsection 4(1) of Tariff B and that the respondent filed his bill of costs after that date, I made the necessary adjustments in calculating the amount of the fees.

[4]               The disbursements are allowed as requested for the photocopies of respondent’s record in the amount of $893.75 and the bailiff fees in the amount of $35.78 for a total of $929.53.

[5]               Respondent’s bill of costs presented at $5,549.43 has been assessed and allowed in the amount of $5,023.23. A certificate of assessment will be issued for this amount.

MONTRÉAL, QUEBEC

August 28, 2009

     “Diane Perrier”

ASSESSMENT OFFICER

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                                                  T-437-06

STYLE OF CAUSE:                                                   MEHMET DAG, CENNET YAS DAG v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

PLACE OF HEARING:                                            Montréal, Quebec

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

ASSESSMENT OF COSTS-REASONS BY:          DIANE PERRIER

                                                                                    ASSESSMENT OFFICER

DATED:                                                                    August 28, 2009

SOLICITORS OF RECORD: