Sahaguian v. Canada, 2009 FC 1130

Date: 20091104

Docket: T-667-08

Citation: 2009 FC 1130

BETWEEN:

HRATCH SAHAGUIAN

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the assessment of defendant’s bill of costs following the order rendered on June 9, 2008 by Richard Morneau, Prothonotary, striking out the plaintiff’s statement of claim with costs.

[2]               On August 18, 2009, counsel for the defendant filed a bill of costs requesting that the assessment proceed in writing. On August 26, 2009, letters were sent to parties setting a timetable for the filing of written representations. Plaintiff filed written representations in opposition to the bill of costs and respondent did not file a reply. I am now ready to assess the bill of costs.

[3]               In response to the plaintiff’s written representations in opposition to the bill of costs, I would like to point out that pursuant to Rule 400 of the Federal Courts rules only the Court has the power to award costs. Thus, since the Court has awarded costs in this matter and since, under Rule 405 of the Federal Courts Rules, costs are assessed by an assessment officer, the assessment officer’s role is to determine the amount of these costs.

[4]               Counsel for the defendant’s fees in the amount of $600 are allowed as requested for item 5 - preparation and filing of a contested motion including materials and responses (3 units) and for item 26 – taxation of costs (2 units) because they are reasonably claimed at minimal amounts.

[5]               Disbursements in the amount of $141.45 are allowed for the filing and service of respondent’s motion record in the amount of $27.70 and photocopies of defendant’s motion record in the amount of $113.75 because the disbursements appear reasonable for the case at bar.

[6]               Defendant’s bill of costs presented at $741.45 is assessed and allowed at the same amount. A certificate of assessment will be issued for this amount.

“Diane Perrier”

                                                                                                          ASSESSMENT OFFICER

MONTRÉAL (QUEBEC)

November 4, 2009

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-667-08

STYLE OF CAUSE:                          HRATCH SAHAGUIN  v.

                                                            HER MAJESTY THE QUEEN

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                  Montréal, Quebec

ASSESSMENT OF COSTS – REASONS BY:       

                                                            DIANE PERRIER, TAXATION OFFICER

DATED:                                             November 4, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: