Boucher v. Canada (Attorney General), 2004 FC 990

Date: 20040715

Docket: T-2095-02

Citation: 2004 FC 990

BETWEEN:

                                                            STEVEN BOUCHER

                                                                                                                                            Applicant

                                                                           and

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

DIANE PERRIER - ASSESSMENT OFFICER

[1]                On April 26, 2004, the Honourable Mr. Justice Blais allowed the application for judicial review with costs to the applicant.

[2]                On June 3, 2004, Côme Boucher, counsel for the applicant, filed a bill of costs and asked that it be assessed without personal appearance by the parties.

[3]                A letter was sent to the parties setting a schedule and the parties filed their written submissions as provided. I will now proceed to the assessment of costs.

[4]                The applicant is claiming the following fees in his bill of costs:

Sub-total 63 units at $110.00 = $5,720.00

The applicant claims disbursements in the amount of $146.00 for the service of documents by bailiff and by facsimile, for photocopies and for the court fees for the notice of application and the requisition for a hearing.

[5]                On the basis of the written submissions of the parties, we allow fees in the amount of $2,205.50 for the following reasons:            

- With respect to item 1, I award 5 units, holding that this is reasonable compensation in this case.

- Item 7 can not be awarded since it applies to discovery between the parties to an action and not to a judicial review.

- Item 13, in my opinion must be awarded as requested given the criteria listed in subsection 400(3) of the Federal Court Rules, 1998.

- Item 14 (a) will be awarded in accordance with the time spent in Court, namely 2:35 hours x 3 units, i.e. 7:05.

- Items 18, 19 and 20 cannot be awarded since they apply to disputes in relation to an appeal before the Federal Court of Appeal and the assessment officer cannot substitute herself for the Court pursuant to rule 400(1).

- Item 24 which is "[t]ravel by counsel to attend a . . . hearing . . ." cannot be awarded since the order by Blais J. is silent on this point.

- 3 units are allowed under item 26 for the assessment of costs, given that it is not a complex proceeding.

- Keep in mind, however, that the unit value of Tariff B at April 1, 2004, is $110.00, following a memo from Chief Justice Richard. This Tariff can be found on the Court's website at http://www.fct-cf.gc.ca under: "Business" under the heading "Assessment of Costs".

[6]                With respect to the disbursements, the registry fees are awarded as well as the bailiff bill since, in my opinion, the proof of service of the applicant's record can be found in the record. However, the disbursements claimed for service by facsimile and the photocopies cannot be assessed since they are not supported by affidavit and this proof cannot be found in the record. I therefore award $117.00 for disbursements.

[7]                The applicant's costs are assessed in the amount of $2,322.50. A certificate is issued for this amount.

                                                                                                      "Diane Perrier"

                                                                                                                                DIANE PERRIER                          

                                                                                                                  ASSESSMENT OFFICER             

QUÉBEC, QUEBEC

July 15, 2004

Certified true translation

Kelley A. Harvey, BA, BCL, LLB

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                               T-2095-02

STYLE OF CAUSE: STEVEN BOUCHER

                                                                                                                                              Applicant

and

ATTORNEY GENERAL OF CANADA

                                                                                                                                          Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT: Québec, Quebec

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:           July 15, 2004

SOLICITORS OF RECORD:

Côme Boucher

Québec, Quebec                       For the applicant

Morris Rosenberg

Montréal, Quebec                     For the respondent