Hitti v. Canada (Citizenship and Immigration), 2007 FC 1344

Date: 20071224

Docket: T-1328-06

Citation: 2007 FC 1344

BETWEEN:

HEBA HITTI

and

YOUSSEF HITTI

Applicants

and

MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is the assessment of the respondent’s bill of costs following the order of the Court dated March 19, 2007, dismissing the application for judicial review with costs.

[2]               On May 29, 2007, the respondent filed her bill of costs and requested that it be assessed without personal appearance. Letters were sent to the parties setting out a schedule for the filing of written representations. Since I have received nothing as of today, I am now ready to assess the bill of costs based on the documents in the file.

[3]               The respondent’s fees are allowed in the amount of $2,100. I allowed the following fees: item 2 – preparation and filing of the respondent’s record (5 units), item 13(a) – preparation for the hearing (4 units), item 14(a) – fees of first counsel for each hour in Court (2hours 45minutes x 2 units) and item 26 – assessment of costs (3 units). I did not allow item 7 since it is meant to compensate for services rendered under section 222 and following of the Federal Courts Rules that deal with the discovery of documents in an action, not a judicial review. Furthermore, item 24 – travel by counsel to attend a hearing cannot be allowed because this item is at the discretion of the Court and since the order of March 19, 2007, is silent on this point, the assessment officer cannot award it.

[4]               Disbursements in the amount of $280.53 are allowed for the costs of serving the respondent’s record and for the photocopying costs because they have been proven by an affidavit and they appear reasonable to me.

[5]               The respondent’s bill of costs in the amount of $2,980.53 is assessed and allowed in the amount of $2,380.53. A certificate of assessment will be issued for this amount.

“DIANE PERRIER”

QUÉBEC, QUEBEC

December 24, 2007    

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                                         T-1328-06

STYLE OF CAUSE:                                         HEBA HITTI and YOUSSEF HITTI

                                                                           and

                                                                           MINISTER OF CITIZENSHIP AND IMMIGRATION

REASONS BY ASSESSMENT

OFFICER:                                                         DIANE PERRIER

DATED:                                                            December 24, 2007

SOLICITORS OF RECORD: