Date: 20100730
Docket: T-1971-09
Citation: 2010 FC 791
[ENGLISH
TRANSLATION]
BETWEEN:
JEAN-FRANÇOIS
TURMEL
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS – REASONS
DIANE
PERRIER, ASSESSMENT OFFICER
[1]
On February 5, 2010, Prothonotary Morneau allowed the respondent’s motion and
ordered that the application be struck in it entirety, without leave to amend,
with costs.
[2]
On May 18, 2010, counsel for the respondent filed a bill of costs and requested
that it be assessed without appearance of the parties.
On May 21, 2010, a direction was issued, setting a deadline
for filing written representations. The parties filed
their written representations within the time allowed. I
am now ready to proceed with assessing the bill of costs.
[3]
In response to the applicant’s written representations regarding the fact that
he objects to paying costs, I would like to reiterate that under Rule 400(1) of
the Federal Courts Rules, only the Court may allow costs.
The assessment officer’s role is to quantify costs once the
Court has granted awarded them. Since the Court awarded
costs in this case, the assessment officer must assess the costs as requested
by the respondent.
[4]
The respondent claims the following counsel fees: item 5 – preparation and
filing of a contested motion (7 units), item 25 – services rendered after
judgment and not otherwise mentioned (1 unit) and item 26 – assessment of costs
(6 units).
[5]
I allowed all the counsel fees except item 26, for which I allowed 2 units,
since the assessment appears relatively simple to me.
The counsel fees are therefore allowed in the amount of
$1,300.
[6]
Disbursements are allowed in the amount of $386.25.
I did not allow the photocopies of the notice of appearance
or the service of the notice of appearance by bailiffs, because that document
is not in the Tariff B table.
[7]
The respondent’s bill of costs submitted at $2,419.70 is allowed and assessed
in the amount of $1,686.25. A
certificate of assessment will be issued for this amount.
MONTRÉAL,
QUEBEC
July
30, 2010
“Diane
Perrier”
DIANE PERRIER
ASSESSMENT
OFFICER
FEDERAL COURT
SOLICITORS OF
RECORD
DOCKET:
T-1971-09
STYLE
OF
CAUSE: JEAN-FRANÇOIS
TURMEL
v. ATTORNEY
GENERAL OF CANADA
ASSESSMENT
OF COSTS IN WRITING
REASONS OF DIANE
PERRIER, ASSESSMENT OFFICER
DATED:
July
30, 2010
WRITTEN SUBMISSIONS:
SOLICITORS OF RECORD:
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