Date: 20010418
Docket: T-336-97
Neutral Citation: 2001 FCT 337
BETWEEN:
NOEL AYANGMA
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ASSESSMENT OF COSTS
François Pilon
[1] This party and party assessment of the defendant's costs took place on April 5, 2001 with Mr. Michael Donovan appearing on behalf of Her Majesty the Queen. Proof of service of the bill of costs and of the notice of appointment for assessment upon the plaintiff was filed but Mr. Ayangma was not present.
[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 it in the amount of $1,500.00. Mr. Donovan is now submitting various disbursements to be assessed.
[3] The travel expenses of counsel, Mr. Harvey Newman, to attend the hearing of the motions in Charlottetown on March 11, 1998 are submitted in the amount of $1,463.30. The following items are supported by evidence and are allowed as claimed:
- air fare from Ottawa to Halifax, return $547.96
- taxis to and from the Ottawa airport $46.00
- gasoline $41.00
- various other expenses $41.50
[4] The amount of $261.00 appears on Mr. Newman's expense claim for car rental. However the exhibit in support is in the amount of $385.00 plus H.S.T. for the rental period from February 28 to March 11, 1998. Mr. Donovan explains that the amount of $261.00 represents the rental charges for the Halifax to Charlottetown portion only. Upon reflection I think this amount is too high. Instead I will allow the standard daily rate of $36.00 and $10.00 for insurance coverage plus H.S.T. The total rental charge allowed will be $105.80.
[5] The invoices for hotel accommodation are not very clear to me, but the amount of $345.00 will be allowed as suggested by Mr. Donovan. This figure represents accommodation for three nights (two at Halifax and one at Charlottetown) at the rate of $100.00 per night plus H.S.T. Mr. Newman's travel expenses will be allowed in the amount of $1,227.26. The other disbursements for photocopying charges are allowed as presented.
[6] The defendant's bill of costs is assessed and allowed in the amount of $2,815.26.
"François Pilon"
Assessment Officer
Dated April 18, 2001.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-336-97
NOEL AYANGMA
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
PLACE AND DATE OF ASSESSMENT: Halifax, Nova Scotia, April 5, 2001
REASONS BY: F. Pilon, Assessment Officer
DATE OF REASONS: April 18, 2001
APPEARANCES:
No one appearing for the Plaintiff
Michael Donovan for the Defendant
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Defendant
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