Date: 20061005

Docket: T‑1467‑03

Citation: 2006 FC 1192

Between:

JEAN HÉBERT

Applicant

and

THE NATIONAL PAROLE BOARD

and

CONSTANCE BENNETT

and

RÉGINALD DAY

Respondents

jointly and severally

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is the assessment of the respondent’s bill of costs following the judgment dated October 3, 2003, dismissing this application for judicial review.

[2]               On July 14, 2006, we sent a schedule to the parties regarding the service and filing of written representations. The envelope, sent to the applicant by registered mail and subsequently by ordinary mail, was returned to the Registry of this Court, marked “unclaimed”. Under the circumstances, I am ready to proceed with the assessment on the basis of the proceedings in the record.

[3]               In light of the foregoing, the fees are fixed at $1,200 for the services rendered under the following items: 5 (7 units), 25 (1 unit) and 26 (2 units) of Tariff B. The respondent is compensated under item 5 for the preparation of its motion to dismiss the application for judicial review, including the related documents. The units claimed under items 7 and 10 regarding that motion do not apply in this case. The claim under item 27 is denied, as there is nothing in the respondent’s bill of costs to justify it. I reduced the number of units for the assessment of costs to two, since this is a simple, uncomplicated matter.

[4]               The disbursements of $463.09, which have been established by affidavit, are allowed as claimed.

[5]               Accordingly, the respondent’s costs are fixed at $1,663.09, and a certificate is issued in that amount.

DATED IN MONTRÉAL, THE 5TH DAY OF OCTOBER 2006.

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T‑1467‑03

Between:

JEAN HÉBERT

Applicant

and

THE NATIONAL PAROLE BOARD

and

CONSTANCE BENNETT

and

RÉGINALD DAY

Respondents

jointly and severally

WRITTEN ASSESSMENT OF COSTS

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                             OCTOBER 5, 2006

SOLICITORS OF RECORD:

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       For the respondent