Dion v. Canada (Attorney General), 2004 FCA 179

Date: 20040504

Docket: A-251-02

Citation: 2004 FCA 179

BETWEEN:

                                                                  SONIA DION

                                                                                                                                            Applicant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]         This application for judicial review (and in 45 other related cases) was dismissed with costs on November 4, 2003. On January 30, 2004, Dominique Guimond, counsel for the respondent, filed a separate bill of costs with affidavit in support of each of the 46 cases, and asked that they be assessed without a personal appearance by the parties.

[2]         I will quote here paragraph 5 of the reasons for judgment of the Court, including instructions as to the costs to be awarded in all the cases:

The parties agreed at the hearing that the costs for the memorandum and the oral arguments would be determined on the basis of a single application, but that they would include the costs of preparing each of the other records.

[3]         As there were no written submissions by the applicants, all represented by William de Merchant, we will proceed with the assessment of the 46 bills of costs. These reasons will apply to all the cases, a list of which is attached.

[4]         Counsel for the respondent sought the maximum units for items 2, 13a, 14a and 26. I entirely agree. The large number of related cases fully justifies the higher level.

[5]         Each of the forty-six bills of costs contains disbursements for photocopying and bailiffs. Those disbursements were proven in the affidavits in support of each bill and will accordingly be awarded.

[6]         The respondent's costs both in this case and in the other forty-five related cases are assessed and allowed in the amounts appearing in the assessment certificates filed in each of those cases. Additionally, a copy of these reasons for assessment of costs will be entered in all the other cases to have the effect of an original.

Halifax, Nova Stocia

May 4, 2004

Certified true translation

Suzanne M. Gauthier, C Tr, LLL

                                                  FEDERAL COURT OF APPEAL

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:                                                 A-251-02

BETWEEN:

                                                                  SONIA DION

                                                                                                                                            Applicant

                                                                           and

                                         THE ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE

REASONS BY: François Pilon, Assessment Officer

PLACE OF ASSESSMENT: Halifax, Nova Scotia

DATED: May 4, 2004

SOLICITORS OF RECORD:

Ouellet, Nadon, Barabé, Cyr, de Merchant, Bernstein,                                        for the applicant

Cousineau, Heap, Palardy, Gagnon, Tremblay

Montréal, Quebec

Morris Rosenberg                                                                                              for the respondents

Deputy Attorney General of Canada

Ottawa, Ontario