Date:
20021009
Docket:
A-168-99
Neutral
Citation: 2002 FCA 378
Between:
LES ÉDITIONS PROGITECH INC.
Applicant
and
HER MAJESTY THE QUEEN
AND
THE ATTORNEY GENERAL OF CANADA
Respondents
ASSESSMENT
OF COSTS - REASONS
FRANÇOIS
MARTIN,
ASSESSMENT OFFICER
[1]
This assessment of costs is further to a judgment dated January 16,
2002, dismissing the application for judicial review with costs in favour of
the respondents.
[2]
Following that decision, on August 27, 2002, counsel for the respondents
filed a bill of costs together with an affidavit and a request for a decision
without personal appearance by the parties.
[3]
On September 6, 2002, a copy of the bill of costs was sent to the
applicant so that it could submit written representations, but as of today it
has not done so. In light of the foregoing, I am ready to assess the costs in
favour of the respondents.
[4]
The fees sought are allowed except for the request under item 2 for the
preparation and filing of a respondent’s record, and the request under item 26
for assessment of costs. The fees sought for the prepation and filing of the
respondents’ record are allowed under item 2 and not under item 1 as requested
in the bill of costs.
[5]
Using item 5 instead of item 2 would also have been more appropriate to
cover the fees incurred in the preparation of the respondents’ record. Be
that as it may, given that the order of the Court that dealt with the
applicant’s motion for leave to file a supplementary record is silent on costs,
no costs will be awarded.
[6]
Since the assessment was not contested, two units will be allowed under
item 26. The same reasoning applies to the disbursements, which are allowed in
the amount of $297.48.
[7]
The costs of the respondents are assessed and allowed in the amount of
$1,837.48. A certificate will be issued in that amount.
Signed : “François Martin” FRANÇOIS MARTIN
ASSESSMENT
OFFICER
MONTRÉAL, QUEBEC
October 9, 2002
Certified true translation
Mary Jo Egan, LLB
FEDERAL
COURT OF CANADA
APPEAL
DIVISION
SOLICITORS
OF RECORD
DOCKET: A-168-99
Between:
LES
ÉDITIONS PROGITECH INC.
Applicant
AND
HER
MAJESTY THE QUEEN
AND
ATTORNEY GENERAL OF CANADA
Respondents
ASSESSMENT
OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS
BY FRANÇOIS MARTIN,
ASSESSMENT OFFICER
DATED: October
9, 2002
SOLICITORS OF RECORD:
Grey
Casgrain
Montréal, Quebec for
the Applicant
Morris Rosenberg
Deputy
Attorney General of Canada
Ottawa, Ontario for
the Respondent
Email this Content