Desjardins v. Bouthiller, 2004 FC 593

Date: 20040422

Docket: T-1753-03

Citation: 2004 FC 593

BETWEEN:

                                                       RAYNALD DESJARDINS

                                                                                                                                            Applicant

           LISE BOUTHILLER, in her capacity as Director of the Federal Training Centre

Maximum Security Penitentiary

                                                                           and

                                   JEAN-LUC GOUGEON, in his capacity as Director

of the Ste-Anne-des-Plaines Institution

and

ASSISTANT COMMISSIONER, POLICY, PLANNING AND COORDINATION,

CORRECTIONAL SERVICE OF CANADA

and

HER MAJESTY THE QUEEN

Respondents

ASSESSMENT OF COSTS - REASONS

DIANE PERRIER - ASSESSMENT OFFICER

[1]                On December 11, 2003, the applicant filed a notice of discontinuance of his application for judicial review. Under rule 402 of the Federal Court Rules, 1998, the respondents are entitled to costs.

[2]                Dominique Guimond filed her bill of costs on January 22, 2004, and asked that it be assessed without the appearance of the parties.

[3]                A letter was sent to the parties issuing a timetable and they filed their written submissions as required. I will now proceed with the assessment of costs.

[4]                The minimum of 4 units will be awarded for the fees requested under item 2, since an affidavit was filed by the respondents pursuant to rule 307 of the Federal Court Rules, 1998. With respect to item 26, I will award 3 units, i.e. $330.00, given that this matter was not overly complex.

[5]                In my opinion, the disbursements claimed in the amount of $30.40, and proved by the affidavit of Gabrielle Francoeur, are reasonable and are allowed as requested.

[6]                The respondents' bill of costs is assessed in the amount of $800.40. A certificate is issued in this amount.

                                                                                    "Diane Perrier"                                  

                                                                                                                              DIANE PERRIER                              

                                                                                                                  ASSESSMENT OFFICER                       

QUÉBEC, QUEBEC

April 22, 2004

Certified true translation

Kelley A. Harvey, BA, BCL, LLB

FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET:                               T-1753-03

STYLE OF CAUSE: RAYNALD DESJARDINS

                                                                                                                                              Applicant

and

LISE BOUTHILLER

and

JEAN-LUC GOUGEON

and

ASSISTANT COMMISSIONER, POLICY, PLANNING AND COORDINATION, CORRECTIONAL SERVICE OF CANADA

and

HER MAJESTY THE QUEEN                                                

                                                                                                                                         Respondents

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT: Québec, Quebec

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:               April 22, 2004

SOLICITORS OF RECORD:

Grey, Casgrain

Montréal, Quebec                     For the applicant

Morris Rosenberg

Montréal, Quebec                     For the respondents