Date: 20060116

Docket: IMM-9254-04

Citation: 2006 FC 31

BETWEEN:

RAHELEH ABDOLKHALEGHI

MAHMOUD ABDOLKHALEGHI

NOUSHIN ELMZADEH

DANIAL ABDOLKHALEGHI

Applicants

and

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Defendants

TAXATION OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               Pursuant to the order of May 20, 2005, allowing costs to the applicants to be calculated according to column V of schedule B, we assessed the costs last November 1^st.

[2]               The applicants’ fees are set at $6,004.31 ($5,220  +  TPS/TVQ) for items 1 (13 units), 2 (10 units), 13 (10 units), 14 (5 units) and 26 (8 units), for the following reasons.

[3]               Given the complexity of this file, the defendant acknowledged that 9 units were justified. Also, I find that the number of units allowed here, and for the other items, should not be less than the number the applicants would have allowed in the other columns of the schedule.  For these reasons, I allow 10 units under item 2. I thus abide by the Court order stipulating that costs are assessed in column V. Since the workload has been heavier for the preparation and the deposition of the originating documents, I allow the number of units requested under item 1.  

[4]               As for item 13, I reduced to 10 the number of units for preparation for the hearing. I acknowledge that much is at stake in this matter, but I also consider the fact that the hearing relates to an application for judicial review and not to an action. The sum of $300 is allowed under item 14 for the hearing of the application (5 units/hour x 30 min.). For the reasons stated above, I allow 8 units under item 26. 

[5]               No compensation is allowed under item 4: the order pertaining to this motion is silent with regard to expenses. The application for services rendered under item 7 is dismissed as this item applies to documents communicated in the context of an action pursuant to rule 222 et seq. of the Federal Court Rules. As mentioned at the time of assessment, the application made under item 24 is dismissed as only the Court may allow expenses under said item.

[6]               Since they are uncontested, the following expenses are allowed without modification: $240 for photocopies, $101.70 for faxes, $50 for judicial costs, $38.17 for QuickLaw research.  All expenses incurred for service of documents are allowed in the amount of $286.75, except for the amounts of $11.02, $9.20 x 2 and $52.32, for the reasons referred to at the hearing.

[7]               The defendant’s costs are assessed and allowed in the amount of  $6,720.93 $.  A certificate shall issue for that amount.

DATED FROM MONTRÉAL, THIS 16^TH DAY OF JANUARY 2006.

Certified true translation

Gibson Boyd, BA (tran.)

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          MM-9254-04

STYLE OF CAUSE:                          RAHELEH ABDOLKHALEGHI MAHMOUD ABDOLKHALEGHI NOUSHIN ELMZADEH and DANIAL ABDOLKHALEGHI v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF ASSESSMENT: Montréal, Quebec

ASSESSEMENT DATED:               November 1, 2005

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                             January 16, 2006

APPEARANCES:                             

Stéphane Duval                                    FOR THE APPLICANTS

Christina Ham                                       FOR THE RESPONDENT

SOLICITORS OF RECORD:

Robinson Sheppard Shapiro                 FOR THE APPLICANTS

Montréal, Quebec

John. H Sims, Q.C.                              FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario