Date: 19990709
Docket: T-677-98
STEPHEN ALBERT HALL
Plaintiff
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Defendant
REASONS FOR TAXATION
MICHELLE LAMY, ASSESSMENT OFFICER:
[1] This action against the Crown was instituted on April 14, 1998, by Mr. Stephen Albert Hall, an inmate. On May 7, 1998, the Plaintiff filed a motion requesting the issuance of a writ of mandamus that he abandoned on May 21 by filing a Notice of Abandonment. On April 30, 1999, the Defendant submitted for taxation in writing its bill of costs pursuant to Rule 402.
[2] In his written representations, the Plaintiff submits that the taxation of the Defendant's bill of costs is premature since the action has not been brought to trial yet. It would undoutedly have been preferable for the Defendant to await the final judgment in this matter but Rule 402 clearly stipulates that unless otherwise ordered by the Court or agreed by the parties, a party against whom a motion has been abandoned is entitled to assess its costs and have them paid forthwith, and this, regardless of the financial situation of the other party.
[3] In its bill, the Defendant claims the minimum number of units for fees relating to services under items 5 and 26 of Tariff B, column III. Applying the criteria set down in Rule 400, the requested units are awarded as such and a certificate will issue in the amount of $500.00.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 9, 1999
[4]
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990709
Docket: T-677-98
Between:
STEPHEN ALBERT HALL
Plaintiff
- and -
HER MAJESTY THE QUEEN
IN RIGHT OF CANADA
Defendant
REASONS FOR TAXATION
[5]
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-677-98
STYLE OF CAUSE: STEPHEN ALBERT HALL
Plaintiff
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA |
Defendant
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS -
| REASONS BY: MICHELLE LAMY |
ASSESSMENT OFFICER
DATE OF REASONS: July 9, 1999
SOLICITOR OF RECORD:
Mr. Stephen Albert Hall for himself
Deputy Attorney General of Canada for Defendant
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