Stuart v. Canada (Attorney General), 2010 FC 982

Date: 20101001

Docket: T-1445-09

Citation: 2010 FC 982

[ENGLISH TRANSLATION]

BETWEEN:

PETER RANDOLPH STUART

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the assessment of the respondent’s bill of costs following the judgment on June 29, 2010 by the Federal Court, dismissing the applicant’s application for judicial review with costs.

[2]               On September 1, 2010, the respondent filed his bill of costs and requested that the assessment be disposed of in writing. On September 2, 2010, an instruction was sent, setting a schedule for the filing of the parties’ written representations. To this day, having received no written representations from the parties, I am now ready to proceed with the assessment of bill of costs according to the documents on record.

[3]               The respondent claims the following fees: item 2 – respondent’s case preparation (7 units), item 13 a) – preparation for hearing – (5 units), item 14 a) – counsel fee: to first counsel, per hour in Court (3 units x 3.42 hours), and item 26 – assessment of costs (6 units).

[4]               The respondent claims the maximum units for each fee claimed. I have considered all the facts stated in subsection 400(3) of the Federal Court Rules in order to adjust the counsel fees, in a reasonable fashion, according to the case type. So, I have modified item 2 – respondent’s case preparation (5 units), item 14 a) – counsel fee to first counsel, per hour in Court (3 units x 3.42 hours x $130 = $1,333.80. As for item 26 – assessment fees, this was allowed for 2 units, since the assessment does not seem complex nor contested. The assessed fees are allowed in the amount of $2,893.80.

[5]               The disbursements are allowed in the amount of $70.75 for the respondent’s case photocopies and courier charges for the respondent’s case, since these seem reasonable and necessary to me for the conduct of the case. I have not allowed the photocopies for the notice of appearance in the amount of $2.00, since the case is not mentioned under any fees to be assessed in the Tariff B table.

[6]               The respondent’s bill of costs, presented at $3,745.25, is assessed and allowed in the amount of $2,964.55. An assessment certificate will be issued for this amount.

MONTRÉAL, QUEBEC

October 1, 2010

“Diane Perrier”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                                                              T-1445-09

STYLE OF CAUSE:                                                              PETER RANDOLPH STUART

                                                                                                v. ATTORNEY GENERAL OF CANADA

ASSESSMENT OF COSTS IN WRITING

PLACE OF HEARING:                                                        Montréal, Quebec

ASSESSMENT OF COSTS REASONS:                             diane perrier

                                                                                                Assessment officer

DATED:                                                                                 October 1, 2010

APPEARANCES: