Jennewein v. Canada, docket T-146-91

                                                                Date: 19990928

                                                              Docket: T-146-91

BETWEEN:

                          LILIANE FOURNIER JENNEWEIN

                                                                     Plaintiff

                                    - and -

                             HER MAJESTY THE QUEEN

                                                                     Defendant

                         ASSESSMENT OF COSTS - REASONS

JOHANNE PARENT, ASSESSMENT OFFICER:

[1]    The defendant's bill of costs was received by the Registry of the Federal Court on June 25, 1999. When it was received, it was agreed that the bill of costs would be assessed without the personal appearance of the parties. Letters were accordingly sent to the parties by Michelle Lamy, assessment officer, with the deadlines for filing their respective representations. It has now been several days since the specified dates have passed and counsel for the plaintiff have not filed any representations, and consequently the defendant has not filed a reply. Thus, the defendant's bill of costs will now be assessed.

[2]    This assessment gives effect to the order of Richard Morneau, Prothonotary, dated June 1, 1998, allowing the defendant's motion to dismiss the action with costs.

[3]    Based on the factors listed in Rules 409 and 400(3) of the Federal Court Rules, 1998 and the evidence on the record, and as the plaintiff did not contest this bill of costs, the amounts claimed under items 2, 4 and 25 as well as the disbursements are allowed as claimed.

[4]    The amount of $400.00 claimed for the assessment of costs is reduced to $200.00, as this was a simple bill of costs.

[5]    The bill of costs is accordingly allowed in the amount of $1,202.80. A certificate is hereby issued for this amount.

                                                                JOHANNE PARENT       

                                                                JOHANNE PARENT       

                                                            ASSESSMENT OFFICER    

MONTRÉAL, QUEBEC

September 28, 1999

Certified true translation

M. Iveson

                   FEDERAL COURT OF CANADA

                                TRIAL DIVISION

Date: 19990928

Docket: T-146-91

Between:

                 LILIANE FOURNIER JENNEWEIN

                                                                                   Plaintiff

                                           - and -

                      HER MAJESTY THE QUEEN

                                                                               Defendant

              ASSESSMENT OF COSTS - REASONS

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                                        T-146-91

STYLE OF CAUSE:

LILIANE FOURNIER JENNEWEIN

                                                                       Plaintiff

- and -

HER MAJESTY THE QUEEN        

                                                                   Defendant

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:Montréal, Quebec

REASONS OF J. PARENT, ASSESSMENT OFFICER

DATE OF REASONS:             September 28, 1999

SOLICITORS OF RECORD:

Robert Marchand                        for the plaintiff

ROBERT, MARCHAND & ASSOCIÉS

Montréal, Quebec

Charles Camirand          for the defendant

Department of Justice Canada

Ottawa, Ontario