Date: 20040308
Docket:
T-500-03
Citation:
2004 FC 351
IN THE MATTER OF THE
PERSONAL INFORMATION PROTECTION
AND ELECTRONIC DOCUMENTS ACT,
2000, c. 5
Between:
ROBERT
LAVIGNE
Applicant
and
CANADIAN
UNION OF POSTAL WORKERS
Respondent
ASSESSMENT
OF COSTS – REASONS
MICHELLE
LAMY, ASSESSMENT OFFICER
[1]
Pursuant to the judgment dated August 12, 2003, awarding costs to the
respondent, this assessment proceeded without personal appearance by the
parties.
[2]
In light of the parties’ submissions, it seems reasonable to me to award
the amount of $1,796.67 to the respondent for the services rendered under
items 5 (6 units), 6 (2 units/hour X 40 minutes), 8 (4 units), 9 (2
units) and 26 (3 units). The fees requested under item 2 are denied because
there was no record filed within the meaning of rule 310 of the Federal
Court Rules, 1998. The same can be said for item 24: the order dated
August 12, 2003, is silent in this respect. I have reduced the number of
units requested for the assessment of costs since it was not a very complex
matter.
[3]
The costs incurred in this matter for stenographer fees ($374.98) and
costs of service ($27.79) are awarded. The respondent was entitled to
cross-examine the applicant on his affidavit, as provided in rule 308.
[4]
The respondent’s bill of costs is assessed in the amount of $2,199.44. A
certificate is issued for this amount.
Signed: “Michelle Lamy” MICHELLE LAMY
ASSESSMENT
OFFICER
MONTRÉAL, QUEBEC
March 8, 2004
Certified
true translation
Kelley A.
Harvey, BA, BCL, LLB
FEDERAL
COURT
SOLICITORS
OF RECORD
DOCKET: T-500-03
IN THE MATTER OF THE
PERSONAL INFORMATION PROTECTION
AND ELECTRONIC DOCUMENTS ACT,
2000, c. 5
Between:
ROBERT
LAVIGNE
Applicant
and
CANADIAN
UNION OF POSTAL WORKERS
Respondent
ASSESSMENT
OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS
OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: March
8, 2004
SOLICITORS OF RECORD:
Morency, Philion, Leblanc, Beaudry
Montréal, Quebec FOR
THE RESPONDENT