Sylvestre v. Canada (Industry Canada), 2005 FC 1005

Date: 20050719

Docket: T-1868-04

Citation: 2005 FC 1005

Between:

MARTIN SYLVESTRE

Applicant

AND

INDUSTRY CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On January 27, 2005, the Court struck out the application for judicial review filed by the applicant, with costs. The assessment of the respondent's bill of costs proceeded on the basis of the written submissions of the parties.

[2]                In response to the applicant's submissions filed on June 13, 2005, the respondent informed us in a letter dated June 21 that she did not intend to submit any comments.

[3]                In light of the foregoing, the respondent's fees are set at $840.00 for items 5 (5 units X $120/unit) and 26 (2 units X $120/unit). I reduced the number of units for the preparation of the motion record because the respondent had not provided any explanation to justify awarding the maximum units provided for that service at item 5 of Tariff B. I award 2 units for the assessment of costs since this was a very simple matter.

[4]                The disbursements of $285.47 incurred for photocopies ($102) and bailiff fees ($183.47) are allowed as claimed. The evidence established that they were incurred in the context of this proceeding.

[5]                The respondent's costs are therefore assessed and allowed in the amount of $1,125.47. A certificate is issued for that amount.

DATED AT MONTRÉAL, THE 19TH DAY OF JULY 2005

Certified true translation

Kelley A. Harvey, BCL, LLB

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

COURT DOCKET NO.:                   T-1868-04

Between:

MARTIN SYLVESTRE

                                                                                                                                            Applicant

                                                                          AND

INDUSTRY CANADA

                                                                                                                                        Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:           July 19, 2005

SOLICITORS OF RECORD:

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                        For the respondent