Date:
20090220
Docket:
T-1721-06
Citation:
2009 FC 185
BETWEEN:
BERNARD
DESROSIERS
Applicant
and
THE
ATTORNEY GENERAL OF CANADA
Respondent
[ENGLISH
TRANSLATION]
ASSESSMENT
OF COSTS – REASONS
DIANE PERRIER,
ASSESSMENT OFFICER
[1]
This
is an assessment of the respondent’s bill of costs further to the order of the
Federal Court issued on July 24, 2007, dismissing with costs the
application for judicial review.
[2]
On
September 17, 2008, counsel for the respondent submitted the bill of costs
accompanied by the affidavit from Claude Rochon and exhibits “A” and “B”
and requested that costs be assessed without appearance of the parties. It was
noted that the letter from counsel for the respondent requesting the assessment
of costs without appearance of the parties had been sent to Bernard Desrosiers
and not to counsel for the applicant. On October 27, 2008, letters were
sent to counsel for the applicant, to the applicant and to counsel for the
respondent setting a timeline for filing written submissions. On December 1,
2008, the letter that had been sent by registered mail to Mr. Desrosiers
was returned to us unclaimed. Not having received any written submissions from
the parties to date, I am now ready to assess the costs based on the
documentation in the docket.
[3]
The
respondent seeks the following fees: item 2 – preparation and filing of the
respondent’s record (7 units), item 13(a) – preparation for hearing (5 units),
item 14(a) – legal fees, hearing of 2 hours 20 minutes on
June 7, 2007 (3 units) and item 26 – assessment of costs (6 units).
[4]
The
respondent seeks the maximum number of units for all fees claimed. I
consequently considered the factors listed in subsection 400(3) of the Federal
Courts Rules and then adjusted the items to what I found reasonable in this
type of case. I amended item 2 – preparation and filing of the respondent’s
record (5 units) and item 13(a) – preparation for hearing (3 units). Item
26 – assessment of costs has been allowed 2 units since I find the
assessment to be neither complex nor contested. The fees to be assessed are
allowed in the amount of $2,040.
[5]
Disbursements
are allowed in the amount of $703.34. I disallowed the photocopies and filing
of the notice of appearance, as this document is not mentioned under the
services to be assessed in Tariff B.
[6]
The
applicant’s bill of costs totalling $3,713.82 is assessed and allowed in the
amount of $2,743.34. A certificate of assessment will be issued for this
amount.
MONTRÉAL,
QUEBEC
February
20, 2009
DIANE PERRIER
ASSESSMENT
OFFICER
FEDERAL
COURT
SOLICITORS
OF RECORD
COURT FILE NO.: T-1721-06
BETWEEN:
BERNARD DESROSIERS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT
OFFICER
DATED: February
20, 2009
SOLICITORS OF RECORD:
Frédéric St-Jean
Québec, Quebec for
the applicant
John Sims
Deputy Attorney General of Canada
Ottawa, Ontario for
the respondent