Date: 20010122
Docket: T-1254-99
BETWEEN:
MARIE-CHANTALE LEDUC
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT - REASONS
FRANÇOIS PILON
Assessment Officer
[1] On December 8, 2000, the respondent, represented by Dominique Guimond, filed his bill of costs pursuant to the order of the Court rendered on June 26, 2000 dismissing with costs the application for judicial review, and asked that the assessment proceed without the personal appearance of the parties.
[2] Pierre Tabah, counsel for the applicant, filed his written representations in opposition to the bill of costs on January 12, 2001, in the following words:
[Translation]
1. Ms. Leduc was detained in the Joliette federal institution from March 1998 to March 2000;
2. Ms. Leduc is a social assistance recipient;
3. Ms. Leduc is the mother of several children;
4. Ms. Leduc was eligible for legal aid for the retainer she gave us;
5. An application for legal aid was made on March 19, 1995 and a certificate was issued on July 15, 1999;
6. All of our costs and fees are therefore covered by the applicable tariffs for legal aid;
7. The tariffs for prison cases corresponding to such certificates are listed as follows:
B. Federal Court (Trial Division)
195. Preparation $304.00
196. Hearing on the merits per half day $136.50
Photocopies (whole case) $10.00
Legal aid, after arbitration on explanation in some cases, applies the following tariff:
162. Preparation of submissions and factum, where applicable,
$364.00
The whole according to the applicable legal aid tariffs, in the amount of $450.50, as a general rule with the possible addition of $364.00.
[3] Mr. Tabah adds that the amount that should be granted to the Attorney General should be equivalent to that received by the defence, both counsel being accountable to a level of government. And the applicant's counsel proposes the minimum of units in Column III of the tariff, or a total of ten (10) units.
[4] On January 15, 2001, Mr. Guimond filed his written representations in answer to the opposition submitted by Mr. Tabah. He maintains that Rule 407 is clear that costs shall be assessed in accordance with the provisions of Tariff B and not according to the scale established by legal aid.
[5] The respondent's counsel further disputes the items cited by his colleague in regard to the applicant's personal situation. He argues that the only items the assessment officer should take into account are those covered in Rule 400(3) of the Federal Court Rules.
[6] Mr. Guimond is absolutely right. Any provisions covered in the Rules of this Court prevail over any other practices, including those prescribed by legal aid. The argument that both counsel are accountable to a level of government has no foundation, in my opinion. Furthermore, Ms. Leduc's personal situation is a factor that cannot be considered by the assessment officer, since there is no provision for this in the Rules of our Court.
[7] Under fees, Mr. Guimond submits the following four items:
item 2 preparation of records $700.00
item 13 preparation for hearing $500.00
item 14 counsel fee - hearing $600.00
item 26 assessment of costs $600.00
[8] Mr. Guimond is therefore claiming the maximum units while Mr. Tabah, for his part, is at the opposite extreme in claiming the minimum. I have examined the state of the record and the proceedings that took place. I have taken into account the criteria listed in Rule 400(3) and I am of the opinion that, in the circumstances, it would be reasonable to allow the following number of units:
5 units for item 2
3 units for item 13
$333.00 for item 14 (1 hour, 40 minutes at 2 units)
4 units for item 26
[9] The amount of $71.58 disbursed for photocopy costs and service will be granted. The respondent's costs will be assessed and allowed in the amounts of $1,533.00 for fees and $71.58 for disbursements. A certificate shall issue for the sum of $1,604.58.
Halifax, Nova Scotia
January 22, 2001
François Pilon
Assessment Officer
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-1254-99
BETWEEN:
MARIE-CHANTALE LEDUC
Applicant
- and -
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT BY WRITTEN REPRESENTATIONS WITHOUT PERSONAL APPEARANCE
REASONS OF: François Pilon, Assessment Officer
PLACE OF ASSESSMENT: Halifax, Nova Scotia
DATE OF REASONS: January 22, 2001
SOLICITORS OF RECORD:
Labelle Boudrault Coté & Associés
Montréal, Quebec for the applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
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