BItton v. Banque HSBC Canada, 2009 FC 766

Date: 20090727

Docket: 07-T-51

Citation: 2009 FC 766

BETWEEN:

STACY BITTON

demandeur

et

BANQUE HSBC CANADA

défendeur

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the taxation of defendant’s bill of costs following the Order dated September 24, 2008 from the Honourable Mr. Justice Lemieux that dismissed with costs Plaintiff’s motion for an extension of the delay to apply for judicial review of a decision of an arbitrator rendered on September 12, 2007.

[2]               On November 17, 2008, the Honourable Mr. Justice Lemieux dismissed with costs a motion for reconsideration of the Order rendered on September 24, 2008. 

[3]               On April 14, 2009, counsel for defendant filed its bill of costs with an affidavit requesting that the taxation proceed in writing. Letters were sent to the parties setting a timetable for the filing of written representations. As of today, no written representations were filed. I am now ready to proceed with the taxation with the documentation on file.

[4]               Defendant is claiming the following assessable services: item 5 – defendant’s response to Plaintiff’s motion for an extension of time for the filing of an application for judicial review (7 units), item 5 – defendant’s response to plaintiff’s motion for reconsideration of the terms of an order (7 units), item 25 – Services after judgment (1 unit), and item 26 – assessment of costs (6 units).

[5]               Defendant’s assessable services are allowed in the amount of $2,494.54 ($2,210 + $110.50 (GST) + $174.04 (PST). I have allowed all of the assessable services with the exception of item 26 that I have reduced from 6 to 2 units because I consider that the taxation is simple and not contested. Given that the unit value was readjusted on April 1, 2009 pursuant to subsection 4(1) of Tariff B and that defendant filed its bill of costs after that date, I have made the necessary adjustments in calculating the amount of the fees.

[6]               The disbursements for photocopying and bailiff services in the amount of $848.55 are awarded as claimed. These expenses were established by an affidavit and they appear reasonable and necessary to the proper conduct of the case.

[7]               The defendant’s bill of costs is assessed and allowed in the amount of $3,343.09. A certificate of assessment will be issued for this amount.

“Diane Perrier”

ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

July 27, 2009

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          07-T-51

STYLE OF CAUSE:                          STACY BITTON  v.

BANQUE HSBC CANADA

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                  Montréal, Quebec

ASSESSMENT OF COSTS-REASONS BY

DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:                      July 27, 2009

SOLICITORS OF RECORD:

Fishman Flanz Meland Paquin

Montréal, Quebec                                                        FOR THE DEFENDANT