Roy v. Mayrand, 2007 FC 828

 

Date: 20070809

Docket: T-547-04

Citation: 2007 FC 828

BETWEEN:

JACQUES ROY, trustee

Applicant

and

MARC MAYRAND

and

ATTORNEY GENERAL OF CANADA

Respondents

 

and

 

SYLVIE LAPERRIÈRE                 

 

Interested Party

 

 

ASSESSMENT OF COSTS – REASONS

 

DIANE PERRIER, ASSESSMENT OFFICER

 

[1]               This is an assessment in writing of the respondents’ bill of costs following an order of the Court dated May 16, 2005, dismissing the application for judicial review with costs.

 

[2]               The following fees are allowed in the amount of $4,980 for the following items of Tariff B: 2 (5 units), 6 (1.75 hours x 2 units ÷ 2) (dockets T-75-04 and T-547-04), 13(a) (4 units ÷ 2) (dockets T‑75-04 and T-547-04), 14(a) (19.5 hours x 3 units ÷ 2) (dockets T-75-04 and T-547-04), 25 (1 unit ÷ 2) (dockets T-75-04 and T-547-04) and 26 (3 units). I allowed only 19.5 hours for item 14(a) based on the transcript for the hearing held on March 8, 9, 10 and 11, 2005. In addition, I allowed 3 units for item 26 because this item varied from 2 to 6 units and the respondents’ request appeared reasonable to me. 

 

[3]               Based on the evidence presented, the disbursements are allowed in the amount of $1,107.23. I allowed the following amounts: $280.99 for printing costs and $818.24 for travel and accommodations costs.  

 

[4]               The disbursements for the printing costs seem reasonable and are supported by the affidavit of the respondents’ counsel and the copies of the invoices.

 

[5]               I consider the travel and accommodations expenses to be costs incurred by the respondent because for each of the two claims a cheque was issued to the respondents’ counsel. In addition, according to the caselaw in Decker v. Canada (Attorney General) (T-1124-03), the accommodations and breakfast, lunch and dinner costs, as well as the incidentals paid at the government rate, are reasonable costs. Therefore, they are allowed. However, I disallowed the $8 paid for counsel’s parking at his office because that expense represents, in my opinion, an office operating cost and not a travel cost.  

[6]               Under item 2 of Tariff A, the sum of $75 was claimed from the respondents for the payment of court fees for a hearing that lasted over 3 days. I think that, since the respondents had to pay this amount under Tariff A, they should be able to claim it.

 

[7]               The bill of costs of the respondents submitted at $7,062.24 is thus assessed in the amount of $6,154.23. An assessment certificate will be issued for this amount.

 

 

“Diane Perrier”

QUÉBEC, QUEBEC

August 9, 2007

 

 

 

 

 

 

Certified true translation

Susan Deichert, Reviser

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          T-547-04

 

STYLE OF CAUSE:                          JACQUES ROY, trustee and MARC MAYRAND and ATTORNEY GENERAL OF CANADA and SYLVIE LAPERRIÈRE

 

 

 

                                                           

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF PARTIES

 

 

REASONS BY:                                  DIANE PERRIER    

 

DATED:                                             August 9, 2007

 

 

 

SOLICITORS OF RECORD:

 

Gervais & Gervais Montréal, Quebec	FOR THE APPLICANT
John H. Sims, Q.C. Deputy Attorney General of Canada	FOR THE RESPONDENTS