Desrosiers v. Canada (Attorney General), 2009 FC 185

 

 

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

 

 

 

 

 

  

                                                             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