Date: 20010614
Docket: T-336-97
Neutral Citation: 2001 FCT 655
BETWEEN:
NOÊL AYANGMA
- Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] This party and party assessment of the defendant's costs took place on June 6, 2001 following the Order of the Court dated May 24, 2001. Mr. James Gunsvalden-Klaassen appeared on behalf of Her Majesty and Mr. Noël Ayangma on his own behalf.
[2] By Order dated June 21, 2001 the Court struck out the statement of claim and fixed the costs of the plaintiff's motion to amend its claim and the defendant's motion to strike in the amount of $1,500.00. That amount is allowed as ordered. Mr. Gunsvalden-Klaassen is now submitting various disbursements to be assessed.
[3] The amount of $1,463.20 is claimed by the defendant for the travelling expenses of Mr. Harvey Newman to attend at the hearing of two motions at Charlottetown on March 11, 1998. Mr. Newman, counsel with the Department of Justice in Ottawa, was acting on behalf the Crown at that time.
[4] Mr. Gunsvalden-Klaassen conceded that the amount of $235.94 should be taken off the travel expense claim to reflect lower costs for car rental and for only two nights' accommodation instead of three.
[5] Mr. Ayangma argues that Mr. Newman had been in the Halifax area to attend other business matters for sometime and that consequently his expenses should be reduced to reflect this. In his view it would have been reasonable to expect counsel to claim travel expenses for a direct trip from Ottawa to Charlottetown with a stop-over at Halifax. In his opinion the following items would be acceptable:
taxi fares to and from the Ottawa airport
airfare from Ottawa to Halifax - return
car rental for March 10, 1998 from Halifax to Charlottetown plus incidental expenses for gasoline and fees to cross the Confederation Bridge
hotel accommodation for one night on March 10th in Charlottetown
car rental fee to return to Halifax after the hearing on March 11, 1998
reasonable living expenses (meals and incidentals).
[6] Counsel for the Crown admits that Mr. Newman had come to Halifax in February 1998 for various business matters including appearing before the Federal Court in Charlottetown on March 11, 1998. However, he argues that the assessment officer should allow hotel accommodation in Charlottetown on March 10th and in Halifax on March 11th.
[7] The airfare voucher indicates that Mr. Newman flew from Ottawa to Halifax on February 28, 1998 and returned to Ottawa on the evening of March 11, 1998 departing Halifax at 19:10. The invoice from Budget Rent a Car shows that counsel rented a car for the period from February 28 to March 11, 1998. Mr. Newman stayed at the Halifax Sheraton Hotel from February 28 to March 9, 1998. He then drove to Charlottetown and stayed at the Prince Edward Hotel for two nights, driving back to Halifax after the hearing on March 11th 2001.
[8] In my opinion Mr. Ayangma has a valid argument. The plaintiff should be expected to pay only for travel expenses directly attributable to the hearing of this matter. The following travel costs will therefore be allowed:
air fare to Halifax, return $547.96
taxis to and from the Ottawa airport $46.00
car rental for two days (based upon a charge of $36.00 per day plus
insurance coverage and tax) $105.80
gasoline costs $41.00
Confederation Bridge crossings $35.00
Cobequid Pass toll $6.00
hotel (1 night in Charlottetown) $120.66
meals & incidentals $60.00
Total: $962.92
[9] Finally, Mr. Ayangma does not object to the costs of photocopies.
[10] The bill of costs of the defendant, presented at $3,051.30 is assessed and allowed in the amount of $2,550.92.
Halifax, Nova Scotia
June 14, 2001 François Pilon
Assessment Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-336-97
NOËL AYANGMA
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
PLACE AND DATE OF ASSESSMENT: Halifax, Nova Scotia, June 6, 2001
REASONS BY: F. Pilon, Assessment Officer
DATE OF REASONS: June 14, 2001
APPEARANCES:
Noël Ayangma on his own behalf
James Gunsvalden-Klaassen for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the defendant
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