Date: 20010524
Docket: A-283-99
Neutral citation: 2001 FCA 121
Between:
MARIO POSPIECH
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
-and-
PIERRE PETTIGREW
MINISTER OF HUMAN RESOURCES DEVELOPMENT
Defendants
ASSESSMENT OF COSTS - AMENDED REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This was an application for judicial review that was dismissed with costs on
September 14, 2000. On March 13, 2001, pursuant to that judgment, the defendants filed their bill of costs in this case and in file no. A-282-99, in which the appeals had been heard simultaneously, and requested that their costs be assessed in both cases without personal appearance.
[2] On March 22, 2001, a copy of the bills of costs was forwarded to the plaintiff by registered mail, and he was asked to submit his written representations by
April 12, 2001. Since no written representations were made, we are prepared to assess the defendants' costs.
[3] The defendants' counsel fees in this file are awarded in the amount of $830 for the following items under Tariff B: item 19 (4 units), item 22 (3 units) and item 26 (2 units). Although this assessment is not contested, the units requested under items 19 have been reduced from 7 to 4 since the memorandums of fact and law in file nos. A-282-99 and
A-283-99 were more or less the same and the amounts in dispute were small. I allow two units instead of 6 under item 26 for the same reasons. Disbursements in the amount of $105.50 are allowed as claimed. The evidence shows that those disbursements were in fact incurred by the defendants.
[4] The defendants' costs in this case are assessed at and allowed in the amount of $935.50. A certificate for that amount will issue.
MICHELLE LAMY
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 24, 2001
Certified true translation
Sophie Debbané, LL.B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-283-99
Between:
MARIO POSPIECH
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
-and-
PIERRE PETTIGREW
MINISTER FOR HUMAN RESOURCES DEVELOPMENT
Defendants
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
AMENDED REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF AMENDED REASONS: May 24, 2001
SOLICITOR OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario For the Defendant
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010524
Docket: A-283-99
BETWEEN:
MARIO POSPIECH
Plaintiff
AND
ATTORNEY GENERAL OF CANADA
-and-
PIERRE PETTIGREW
MINISTER FOR HUMAN RESOURCES DEVELOPMENT
Defendants
ASSESSMENT OF COSTS - AMENDED REASONS
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