Canada v. Mid-Atlantic Minerals Inc., 2005 FC 706

Date: 20050516

Docket: T-1184-00

Citation: 2005 FC 706

Between:

HER MAJESTY THE QUEEN

Plaintiff

AND

MID-ATLANTIC MINERALS INC.

Defendant

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On May 16, 2002, Mr. Justice Rouleau allowed in part the appeal from the decision rendered by Mr. Richard Morneau, Prothonotary, on March 8, 2001. On January 15, 2004, the Federal Court of Appeal restored the order of the Prothonotary with costs in favor of the Crown. As a result of that judgment, the plaintiff filed his bills of costs in both Courts and asked that the assessment be made on the basis of written submissions.

[2]                Mr. David F.H. Marler, counsel for the defendant, alleged that the matter of costs has been settled and referred us to a letter dated October 12, 2004, from his client to Mr. Danny Napier, Department of Fisheries and Oceans Canada. This letter states that the payment of the invoice in the amount of $8,639.69 "will put an end to the matter and entitle us to a full and final release." I agree with Mr. Bernard Letarte, counsel for the Crown, that Mr. Napier's signature on the subject letter was to acknowledge the payment of the amount due as ordered by the Prothonotary and has no relation with the Court costs.

[3]                The first bill is with respect to costs incurred in file T-1184-00. As the various claims are reasonable, all the fees, except for those requested under item 26 and 27 of Tariff B, are allowed as such in the amount of $4,125.00. Considering that two bills are taxed at the same time, an amount of $220.00 is awarded under item 26. No fees are allowed for the preparation of the trial record. Item 27 gives the assessment officer discretion to award fees for services rendered when those are exceptional which is not the case here. The disbursements claimed in the amount of $2,132.98, as well as the court fees of $50.00 paid under Tariff A, are allowed as requested.

[4]                The second bill filed by the Crown is arising from the judgment of the Federal Court of Appeal. For the same reasons, the fees are allowed as follows in the amount of $1,963.50: items 19 (6 units), 22 (3 units x 177 min.), 25 (1 unit), 26 (2 units). The disbursements in the amount of $1,125.12 are allowed as such.

[5]                In view of the preceding, the costs of the plaintiff at the Federal Court are assessed in the amount of $6,527.98 and at the Federal Court of Appeal in the amount of $3,088.62. A certificate will be issued in each file. A copy of these reasons will be placed in docket A-380-02.

DATED AT MONTREAL THIS 16^TH DAY OF MAY, 2005.