Date: 20000013
Docket: A-806-95
BETWEEN:
HUNTER EAGLE BELL
Appellant
AND
MINISTER OF INDIAN AND NORTHERN AFFAIRS
MARTIN HORN
MARY ANN (MARION) MCALLISTER (BELL)
WALLACE STACEY
JOHN KIM BELL
KEVIN HAMILTON BELL
LANCE BELL
FLINT EAGLE BELL
STAR EAGLE BELL
Respondents
ASSESSMENTS OF COSTS - REASONS
JOHANNE PARENT, ASSESSMENT OFFICER
[1] The hearing for this assessment was held via teleconference on May 31, 2000. Ms. Cantave, accompanied by Mr. Ladoucer and Ms. Lasalle, represented the respondent.
Page: 2
Mr. Cecil Joe Posman, counsel for the appellant was absent even though he had been served with a notice to appear and the bill of costs.
[2] The assessment of the respondent's (the Minister of Indian and Northern Affairs) bill of costs follows the Court's judgment of May 11, 1999, by the Honourable Justices Desjardins, Létourneau and Noël, dismissing the appeal with costs.
[3] By the criteria set out in rules 409 and 400(3) of the Federal Court Rules, 1998, and in light of the evidence in the record, and considering that the appellant did not dispute this bill of costs, the amounts claimed under Tariff B are broken down as follows.
[4] Amounts claimed under items 19, 21(a), 22(a) and 25 are awarded as sought. At the hearing, the respondent reduced the number of units sought under item 26 to 3 since the bill of costs was not being disputed. 3 units are allowed under this item.
[5] As for disbursements, the 7% goods and services tax is calculated on the total services to be assessed and is thus reduced to $110.25. For miscellaneous disbursements (faxes, photocopies, couriers and long-distance calls), the respondent is claiming roughly 12% of the services to be assessed. There is no clear evidence in the record that the costs thus claimed were actually incurred and paid. It is obvious that in the ordinary course of business, the respondent had to incur these kinds of costs. However, I consider such disbursements to be general office expenses that cannot be awarded without actual proof. With no evidence other than the fact that these costs must ordinarily be incurred in connection with legal proceedings, it is difficult for me to judge whether the
disbursements sought were necessary and reasonable. The claim for miscellaneous disbursements is thus dismissed. The claim for printing and travel costs is awarded as sought.
[6] The bill of costs is allowed in the amount of $2, 237.38. A certificate is issued for this amount.
Johanne Parent
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
June 13, 2000
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-806-95
BETWEEN:
HUNTER EAGLE BELL
Appellant
AND
MINISTER OF INDIAN AND NORTHERN AFFAIRS
MARTIN HORN
MARY ANN (MARION) MCALLISTER (BELL)
WALLACE STACEY
JOHN KIM BELL
KEVING HAMILTON BELL
LANCE BELL
FLINT EAGLE BELL
STAR EAGLE BELL
Respondents
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF ASSESSMENT: May 31, 2000
REASONS OF J. PARENT, ASSESSMENT OFFICER
DATE OF REASONS: June 13, 2000
APPEARANCES: Virginie Cantave for the respondent, the Minister of Indian
and Northern Affairs
Cecil Joe Posman for the appellant
SOLICITORS OF RECORD:
Cecil Joe Posman
Montréal, Quebec for the appellant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000613
Docket: A-806-95
Between:
HUNTER EAGLE BELL
Appellant
- and -
MINISTER OF INDIAN AND NORTHERN AFFAIRS
MARTIN HORN
MARY ANN (MARION) MCALLISTER (BELL)
WALLACE STACEY
JOHN KIM BELL
KEVING HAMILTON BELL
LANCE BELL
FLINT EAGLE BELL
STAR EAGLE BELL
Respondents
ASSESSMENT OF COSTS - REASONS
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