Ferme avicole Héva inc. v. Canada (Agriculture and Agri-Food), 2006 FC 1393

Date: 20061117

Docket: P-2-96

Citation: 2006 FC 1393

APPEAL TO THE ASSESSOR APPOINTED IN ACCORDANCE WITH THE PESTICIDE RESIDUE COMPENSATION ACT, AS AMENDED, THE HEALTH OF ANIMALS ACT AND THE PLANT PROTECTION ACT

Between:

FERME AVICOLE HÉVA INC.

Appellant

AND

THE MINISTER OF AGRICULTURE

Respondent

Docket: P-3-96

Between:

FERME AVICOLE PAUL RICHARD & FILS INC.

Appellant

AND

THE MINISTER OF AGRICULTURE

Respondent

Docket: P-4-97

Between:

FERME AVICOLE HÉVA INC.

Appellant

AND

THE MINISTER OF AGRICULTURE

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is the assessment of the bills of costs of the Minister of Agriculture following the decision dated July 7, 1998 of Madam Justice Tremblay-Lamer, who was acting as Assessor under the Health of Animals Act. At the request of the respondent, the entire assessment proceeded on the basis of the written submissions of the parties.

[2]               Except for the claims made under items 13, 14 and 26 of Tariff B, all fees are allowed as requested and are assessed at $4,072 for each file.

[3]               Assuming that the facts in the three cases are very similar, as was mentioned by Madam Justice Tremblay-Lamer at page 3 of her reasons, I am reluctant to allow the maximum number of units requested for item 13. For this reason, I will award 3 units for item 13(a) and 2 units for item 13(b) in each of the files.

[4]               In reply to the comments made by the appellants, the respondent amended his fees at item 14, because the two files involving Ferme avicole Héva Inc. and the one involving Ferme Paul Richard et Fils Inc. were heard at the same time in Amos on April 27, 28 and 29, 1998. Therefore, the amounts claimed are adjusted to $1,966 for each of these files.

[5]               The number of units requested at item 26 for the assessment of the bill of costs is reduced to 2 in each of the files, as everything proceeded on the basis of the same submissions.

[6]               The disbursements incurred by the respondent, including the expert’s fees, are not contested. In the circumstances, they are allowed according to the evidence submitted. However, I adjusted these amounts to take into consideration the costs incurred for the service of the bills of costs. Disbursements are allowed as follows: $8,564.66 (P-2-96), $8,548.76 (P-3-96) and $8,561.48 (P-4-97).

[7]               In light of the preceding, certificates of assessment are issued in the amounts of $12,636.66 (P-2-96), $12,620.76 (P-3-96) and $12,633.48 (P-4-97). A copy of these reasons is placed in files P-3-96 and P-4-97.

DATED AT MONTRÉAL, THE 17TH DAY OF NOVEMBER 2006

Certified true translation

Michael Palles

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

COURT DOCKET NUMBER:        P-2-96 ET AL.

APPEAL TO THE ASSESSOR APPOINTED IN ACCORDANCE WITH THE PESTICIDE RESIDUE COMPENSATION ACT, AS AMENDED, THE HEALTH OF ANIMALS ACT AND THE PLANT PROTECTION ACT,

Between:

FERME AVICOLE HÉVA INC.

Appellant

AND

THE MINISTER OF AGRICULTURE

Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                 NOVEMBER 17, 2006

SOLICITORS OF RECORD:

Cliche Lortie Ladouceur Inc.

Val-d'Or, Quebec                                                                     For the appellants

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       For the respondent