Date: 19990715
Dossier: T-2072-94
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
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CERTIFICATE OF TAXATION
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I hereby certify that the Defendant's bill of cost in the above case has been taxed and allowed in the sum of $ 1,718.28.
JOHANNE PARENT
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 15, 1999
Date: 19990715
Docket: T-2796-96
ALLAN JOSEPH LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR TAXATION
JOHANNE PARENT, ASSESSMENT OFFICER:
[1] The Defendant's bill of costs was filed on May 3, 1999, together with a request for a notice of appointment for assessment to be issued by the Court. On May 12, 1999, solicitors for Plaintiff and Defendant were required by letter to file and serve their written representations regarding the said bill of costs. The Plaintiff, on his own behalf, filed representations on June 11, 1999, and Defendant's solicitor, on June 30, 1999.
[2] The Defendant's bill of costs was filed pursuant to the order of Richard Morneau, Esq., Prothonotary of January 19, 1998, striking the statement of claim, the whole with costs.
[3] Considering the criteria of Rule 400(3) of the Federal Court Rules, 1998 and my analysis of this particular file, items 2 and 26 are allowed as requested. As for item 5, no costs shall be allowed for the preparation and filing of a contested motion dated January 19, 1996 since the order on that motion is silent on that point. But, costs are allowed as requested at item 5 for the preparation and filing of a contested motion dated December 11, 1997, including materials and responses thereto.
[4] The amount of $ 118.28 requested in disbursements is allowed as it is well established by the affidavit of Eric Lafrenière and by the evidence on file that the disbursements were made.
[5] Finally, in response to the Plaintiff's argument of poverty, I will cite Mr. Justice Gibson in Nike Canada Ltd. et al v. Jane Doe and John Doe et al (T-2027-97), "In an award of costs, neither the ability to pay nor the difficulty of collection should be a deciding factor".
[6] The Defendant's costs are taxed and allowed in the amount of $ 1,718.28. A certificate will issue accordingly.
JOHANNE PARENT
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 15, 1999
[7]
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990715
Docket: T-2072-94
Between:
ALLAN J. LÉGÈRE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR TAXATION
[8]
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2072-94
STYLE OF CAUSE: ALLAN J. LÉGÈRE
Plaintiff
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS -
| REASONS BY: JOHANNE PARENT |
ASSESSMENT OFFICER
DATE OF REASONS: July 15, 1999
SOLICITOR OF RECORD:
Mr. Allan J. Légère for Plaintiff on his own behalf
Deputy Attorney General of Canada for Defendant
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