Elomari v. Canada (National Research Council), 2006 FC 938

Date: 20060731

Docket: T-364-04

Citation: 2006 FC 938

 

Between:

 

DR. SAMIR ELOMARI

 

Applicant

 

and

 

PRESIDENT OF THE NATIONAL

RESEARCH COUNCIL OF CANADA

 

Respondent

 

 

ASSESSMENT OF COSTS – REASONS

 

 

MICHELLE LAMY, ASSESSMENT OFFICER

[1]       In an order dated March 27, 2006, the Court dismissed the present application for judicial review and stated the following:

[translation]

The applicant may, within 14 days of the date of this order, serve and file a motion seeking an award, determination or directions with regard to the assessment of costs for the application for judicial review.

 

[2]       On April 7, 2006, the applicant advised the Court that he did not intend to file such a motion. On the same day, in answer to this letter, the respondent wrote that [translation] “we do not intend at this stage of the proceedings to claim costs on the merits in spite of the dismissal of the application. However, we believe it is appropriate to claim costs on the motion for the extension of time”.

[3]       Further to this request, on April 20, 2006, we issued a timetable directing the parties to make their written submissions concerning the assessment of costs in connection with the interlocutory motion that was allowed by the Court on July 8, 2004.

[4]       I wish to point out that, as a general rule, the assessment of costs when the final judgment has been rendered and the Court has ruled, at the same time, on the matter of costs. The party entitled to the costs may then submit its set of costs for assessment. The set of costs will include the expenses related to the interlocutory motions.

[5]       Whereas the order dated March 27, 2006, does not mention anything about costs on the merits, and taking into account the submissions of the parties, I am of the view that I do not have the authority to assess costs at this stage of the proceedings.

 

DATED AT MONTREAL, THIS 31ST DAY OF JULY 2006.

 

Signed “Michelle Lamy”

Michelle Lamy ASSESSMENT OFFICER

 

 

 

Certified true translation

Michael Palles

 

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET: T-364-04

 

 

BETWEEN:                           DR. SAMIR ELOMARI                  

                                                                                                                      Applicant

                                       

and

 

PRESIDENT OF THE NATIONAL
RESEARCH COUNCIL OF CANADA

 

 

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT:      Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATED:        JULY 31, 2006

SOLICITORS OF RECORD:

Trudel & Johnston

Montréal, Quebec                      for the applicant

John H. Sims, QC

Deputy Attorney General of Canada

Ottawa, Ontario                   for the respondent