Date: 19971126
File: T-116-97
Between:
JOCELYN MICHAUD,
Plaintiff,
-and-
HER MAJESTY THE QUEEN,
Defendant.
TAXATION OF COSTS - REASONS
MICHELLE LAMY, TAXING OFFICER:
[1] On November 20, 1997, Sherry Rafai Far attended before me to have the defendant's costs taxed pursuant to the dismissal of the action without costs ordered by Richard Morneau, Esq., Prothonotary, on October 20, 1997. The plaintiff was not represented at the hearing.
[2] In her bill of costs the defendant is claiming the following items of Tariff B:
Items Taxable services Column III/Units
2 Preparation and filing of defence 4
4 Motion for particulars 2
4 Motion to dismiss the action for want of 2
prosecution
5 Motion to dismiss the action for lack of 2
jurisdiction
6 Appearance on motion to dismiss the action 1
for want of prosecution
26 Taxation of costs 2
At the hearing, Ms. Rafai Far amended her bill of costs to add the following claims:
4 Motion for leave to file an appearance 2
6 Appearance on the motion to file an 1
appearance
[3] All of the items requested, including the amendments, are allowed, with the exception of the services provided in preparing and filing the motions for particulars and to dismiss the action for the Court's lack of jurisdiction, as they were withdrawn by the defendant with no mention of costs. Because the hearings of the motions for leave to file an appearance and to dismiss the action for want of prosecution lasted 5 minutes each, $16.60 is allowed for item 6: 0.083 x $100.00 x 2 motions. Under Part II of the Tariff, the defendant is allowed $1,016.60 for fees.
[4] Ms. Rafai Far also added charges of $52.64 for service of her bill of costs. That amount is in addition to the other expenses incurred, totalling $141.32 for service of various documents. Based on the evidence submitted, all of the disbursements are accepted, except those relating to service of the motions for particulars and to dismiss the action for the Court's lack of jurisdiction, for a total of $170.96.
[5] The defendant's costs are taxed and allowed in the amount of $1,187.56. A certificate will issue for that amount.
SIGNED - SIGNÉ
MICHELLE LAMY
MICHELLE LAMY
TAXING OFFICER
MONTRÉAL, QUEBEC
November 26, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
Date: 19971126
File: T-116-97
Between:
JOCELYN MICHAUD,
Plaintiff,
-and-
HER MAJESTY THE QUEEN,
Defendant.
TAXATION OF COSTS - REASONS
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-116-97
BETWEEN:
JOCELYN MICHAUD,
Plaintiff,
-and-
HER MAJESTY THE QUEEN,
Defendant.
PLACE OF TAXATION: Montréal, Quebec
DATE OF TAXATION: November 20, 1997
REASONS OF THE TAXING OFFICER, M. LAMY
DATE OF REASONS FOR TAXATION: November 26, 1997
APPEARANCES:
Sherry Rafai Far for the defendant
SOLICITOR OF RECORD:
Department of Justice Canada for the defendant
Montréal, Quebec
FEDERAL COURT OF CANADA
Date: 19971126
File: T-116-97
Between:
JOCELYN MICHAUD,
Plaintiff,
-and-
HER MAJESTY THE QUEEN,
Defendant.
CERTIFICATE OF TAXATION
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