Date: 20070719
Docket: T-206-07
Citation 2007 FC 760
BETWEEN:
ROBERT
LAVIGNE
Applicant
and
CANADA
POST CORPORATION
Respondent
ASSESSMENT OF COSTS-
REASONS
W. DOYLE
Assessment
Officer
[1]
On April
12, 2007 the applicant filed a notice of motion for an expedited hearing in
this matter. After considering both parties arguments The Honourable Maurice
E. Legacé rendered a decision dated April 23, 2007 stating:
“…the motion for an expedited hearing is dismissed
and the fixing of the hearing is suspended until all of the proceedings contemplated
by the Collective Agreement and the Canadian Labour Code have been
exhausted. Costs of the Motion against Applicant.”
[2]
On
May 18, 2007 the respondents filed their Bill of Costs with a supporting affidavit
requesting the assessment be done in writing without personal appearance.
[3]
On
June 13, 2007 I issued a timetable for reply and rebuttal materials. To date
the applicant has not filed a written reply.
[4]
The
Bill of Costs is presented claiming; item 5 – preparation and filing responding
motion record in response to plaintiff’s [sic] motion for order for an
expedited hearing (five units), item 6 – appearance before the Court with
respect to the above-mentioned motion (1 hour x two units), item 26 – assessment
of costs (four units), item 28 – services of a paralegal for the preparation of
the Bill of Costs (50% of four units).
[5]
I
reviewed the file, the court database abstracts and the Bill of Costs in this
proceeding. I accept the requested units for item 5 as reasonable in the
circumstances. I will now turn to item 6 – upon verification of the court
proceedings it appears the attending court registrar has entered the time in
Court as being 9:37a.m. - 9:55 a.m. and has shown 18 minutes in the abstract
of hearing, considering this I will allow ½ hour x two units for item 6. In
regard to item 26 – assessment of costs, since no objection was filed to the
Bill of Costs and in my opinion it was straightforward, I allow two units
rather than the requested four units. In regard to item 28 - services of a
paralegal for the preparation of the Bill of Costs (50% of four units). In my
respectful opinion, it is improper to indemnify counsel for services of a paralegal
when a claim is already awarded for this item (item 26 – assessment of costs). Consequently,
I must reduce the number of units for item 28 to zero, no units are allowed
under item 28.
[6]
Based on the foregoing reasoning,
the total assessable service amount will be reduced from the requested $1,777.62
to an allowed total assessable service amount of $1, 093.92.
[7]
Disbursements, appearing
reasonable for this type of litigation and being established by the affidavit
of Suzanne Raiche which is accompanied with a copy of the printout from the
accounting records evidencing the disbursements incurred, are awarded in the
amount of $191.63.
[8]
The bill of costs presented at $1,969.25
is accordingly assessed and allowed in the amount of $1,285.55. A certificate
is issued in the Federal Court proceeding for $1,285.55.
“Willa Doyle”
Assessment
Officer
Fredericton, New Brunswick
July 19, 2007
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-206-07
STYLE OF CAUSE: ROBERT
LAVIGNE -and-
CANADA
POST CORPORATION
ASSESSMENT OF COSTS IN
WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: Willa Doyle, Assessment Officer
DATED: July
19, 2007
WRITTEN
REPRESENTATIONS BY:
Richard Desgagnés
Azim Hussain FOR
THE RESPONDENTS
SOLICITORS
OF RECORD:
Ogilvy Renault LLP FOR
THE RESPONDENTS
Montréal, Québec
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