Docket: T-2096-92
BETWEEN:
JACQUES RICE
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
-and-
DONNACONA INSTITUTION
Defendants
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Pursuant to an order of this Court dated December 17, 1992, striking out this action with costs, the defendants filed their bill of costs on March 6, 2000, and requested that the assessment proceed without the parties' personal appearance. The defendants also filed a copy of a letter from lawyer Armand Rousseau, which reads, in part:
| [TRANSLATION] In response to your letter of December 20, 1999, please be advised that the last time I spoke to Jacques Rice was in December 1992, when he fired me. . . . The most recent information I have about Jacques Rice is that he was an inmate at Donnacona penitentiary. . . . Since I am no longer acting for him and have no instructions with respect to this matter, I am unable to be of any further assistance. |
[2] Given the circumstances, I sent a copy of the defendants' bill of costs by registered mail to Mr. Rice on March 31 with a cover letter stating that he had until April 21, 2000, to file written representations. As of today, no response has been received.
[3] In light of the foregoing and of the prior court proceedings, the fees requested under items 5 (five units), 6 (two units/one hour) and 25 (one unit) are allowed as claimed. Two (2) units are allowed for the assessment of costs, as the defendants' bill of costs was not disputed. Item 24 is disallowed, as the order of December 17, 1992, is silent on that point. Disbursements totalling $901.39 are also allowed.
[4] The defendants' costs are assessed and allowed in the amount of $1,901.39 and a certificate of assessment will issue in this amount.
Michelle Lamy
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 10, 2000
Certified true translation
Mary Jo Egan, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-2096-92
BETWEEN:
JACQUES RICE
Plaintiff
AND
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
- and -
DONNACONA INSTITUTION
Defendants
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
REASONS OF M. LAMY, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Montréal, Quebec
DATE OF REASONS: May 10, 2000
SOLICITORS OF RECORD:
| Jacques Rice for the plaintiff |
Donnacona, Quebec
| Justice Canada for the defendants |
Ottawa, Ontario
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA |
| ASSESSMENT OF COSTS - REASONS |
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