Date: 20070925
Docket: 07-T-32
Citation 2007 FC 965
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
LYNN
FRENCH
Respondent
ASSESSMENT OF COSTS-
REASONS
W. DOYLE
Assessment
Officer
[1]
The applicant
filed a motion in writing pursuant to Rule 369 of the Federal Courts
Rules for an Order pursuant to Rule 8 of the Federal Courts Rules
in which the applicant sought an extension of time to file its notice of
application for a judicial review of a decision of the Canadian Human Rights
Commission Notice of Application. The parties filed their respective motion
materials. June 20, 2007 The Honourable Mr. Justice Harrington issued an
Order dismissing the applicant’s notice of motion for an extension of time and
awarded costs to the respondent.
[2]
On July
16, 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 17, 2007 I issued a timetable for reply and rebuttal materials.
[4]
The
respondent’s are requesting assessable services for two items: (a) –
preparation and filing of a contested motion, including materials and responses
thereto (seven units) and (b) – assessment of costs (four units). These items
are requested under Column III of Tariff B, pursuant to Rule 407 of the Federal
Courts Rules.
[5]
In
regard to the assessable services the assessable range for item (a) -
preparation and filing of a contested motion, including materials and responses
thereto is three to seven, and for item (b) – assessment of costs the range is
two to six.
[6]
I
agree with the applicant’s position and feel the simplicity of the motion does
not warrant units at the top of the range, the matter was not complex. I have therefore
reduced both amounts to the lower end of the column III scale; item (a) is
allowed at three units and item (b) is allowed at two units. Based on the foregoing, the total assessable service
amount will be reduced from the requested $1,320.00 to an allowed total
assessable service amount of $600.00.
[7]
Disbursements, although established
by affidavit, are not accompanied by exhibits as is customary for specific
disbursements sought. I have therefore chosen to address the three claimed
disbursements collectively namely (a) photocopies, (b) computer research and (c)
courier and I allow $286.78 in total for these three items. My reasoning
reflects that as pronounced by Taxing Officer Stinson in the case of Carlile v.
Canada (Minister of National Revenue - M.N.R.) [1997]
F.C.J. No.885 in which he states the following;
|
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"…Taxing Officers are often faced with less than
exhaustive proof and must be careful, while ensuring that unsuccessful litigants
are not burdened with unnecessary or unreasonable costs, to not penalize
successful litigants by denial of indemnification when it is apparent that
real costs were indeed incurred. …”
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[8]
The amount of HST (harmonized
sales tax) is equally adjusted and is allowed at $40.15 to properly reflect
the tax attracted by the allowed disbursements of $286.78 The total disbursements
are hereby reduced from the requested $561.29 to an allowed $326.93.
[9]
The bill of costs presented at $1,881.29
is accordingly assessed and allowed in the amount of $926.93. A certificate is
issued in the Federal Court proceeding for $926.93.
“Willa Doyle”
Assessment
Officer
Fredericton, New Brunswick
September 25, 2007
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 07-T-32
STYLE OF CAUSE: ATTORNEY
GENRAL OF CANADA
-and-
LYNN FRENCH
ASSESSMENT OF COSTS IN
WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: Willa Doyle, Assessment Officer
DATED: September
25, 2007
WRITTEN
REPRESENTATIONS BY:
Melissa Cameron FOR
THE APPLICANTS
Trisha Gallant-Leblanc FOR THE
RESPONDENTS
SOLICITORS
OF RECORD:
Justice Canada
Atlantic Regional Office
Halifax, NS FOR THE
APPLICANTS
Cox & Palmer
Fredericton,
NB FOR THE RESPONDENTS
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