Kirby v. Canada, 2001 FCT 767

                                                                                                                                            Date: 20010705

                                                                                                                                         Docket: T-849-00

Neutral Citation: 2001 FCT 767

Between:

CATHY KIRBY AND SAMUEL KIRBY

Plaintiffs

AND

HER MAJESTY THE QUEEN

and

THE MINISTER OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

and

THE DEPARTMENT OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

Defendants

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]         On July 14, 2000, the Court struck out the plaintiffs' statement of claim under paragraph 221(1)(f) of the Federal Court Rules, 1998, the whole with costs. Following this judgment, the defendants filed on January 12, 2001 their bill of costs and asked that it be assessed without personal appearance of the parties.

[2]         On May 24, 2001, we sent a copy of the bill of costs to the plaintiffs so they could submit their written representations. On June 8, we received a letter from the plaintiffs' counsel informing us that he did not contest the costs requested.

[3]         In view of the preceding, the defendants' costs are assessed and allowed as requested in the amount of $1,950.85. A certificate shall issue for that amount.

                     MICHELLE LAMY

                ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

July 5, 2001

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.

FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20010705

                                                           Docket: T-849-00

Between:

CATHY KIRBY AND SAMUEL KIRBY

Plaintiffs

AND

HER MAJESTY THE QUEEN

and

THE MINISTER OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

and

THE DEPARTMENT OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

Defendants

ASSESSMENT OF COSTS - REASONS

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:                          T-849-00         

Between:

CATHY KIRBY AND SAMUEL KIRBY

Plaintiffs

AND

HER MAJESTY THE QUEEN

and

THE MINISTER OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

and

THE DEPARTMENT OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT

Defendants

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

REASONS OF M. LAMY, ASSESSMENT OFFICER

PLACE OF ASSESSMENT:    Montréal, Quebec

DATE OF REASONS: July 5, 2001

SOLICITORS OF RECORD:

Rouleau, Doss, d'Amours                                                              for the plaintiffs

Montréal, Quebec

Morris Rosenberg                                                                           for the defendants

Deputy Attorney General of Canada