Date: 20020429
Docket: T-1640-83
Neutral Citation: 2002 FCT 484
Between:
CLAUDE F. ARCHAMBAULT
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
RICHARD LARABIE, ASSESSMENT OFFICER
[1] On December 3, 2001, counsel for the defendant filed his bill of costs for assessment pursuant to the order of the Honourable Madam Justice Tremblay-Lamer dated May 12, 1998.
[2] In a letter accompanying his bill of costs, Charles Camirand asked the assessment officer to proceed with the assessment on the basis of written submissions. Letters were then sent to the parties on March 4, 2002, inviting them to prepare and serve their representations, and since none were received within the prescribed time period, the bill of costs of the defendant is assessed and allowed as claimed, except for the disbursements.
[3] With respect to disbursements, counsel is claiming $170.40 for photocopies and $1,382.40 for the transcript of the examinations for discovery, but he has not provided any explanation, supporting documents or affidavit justifying these disbursements or establishing that they were made within the current proceedings. In the absence of proof required by subsection 1(4) of Tariff B, these claims are rejected.
[4] Moreover, because the unit value was increased under subsection 4(1) of Tariff B to $110.00 effective April 1, 2001, and because the bill of costs was filed on December 3, 2001, it is assessed taking this increase into account.
[5] The defendant's costs are therefore assessed and allowed in the amount of $10,615.00 for fees. A certificate in that amount will be issued.
Signed : R. Larabie RICHARD LARABIE
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
April 29, 2002
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET: T-1640-83
Between:
CLAUDE F. ARCHAMBAULT
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT:
Montréal, Quebec
REASONS BY RICHARD LARABIE, ASSESSMENT OFFICER
DATE OF REASONS: April 29, 2002
SOLICITORS OF RECORD:
Claude F. Archambault & Associés
Montréal, Quebec for the plaintiff
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the defendant
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020429
Docket: T-1640-83
BETWEEN:
CLAUDE F. ARCHAMBAULT
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
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