Wax v. Canada (Attorney General), 2007 FC 424

 

 

 

 

 

                                               

Date: 20070420

Docket: T-31-05

Citation: 2007 FC 424

 

BETWEEN:

HERBERT WAX

Applicant

-and-

 

ATTORNEY GENERAL OF CANADA

 

Respondent

 

 

 

ASSESSMENT OF COSTS - REASONS

Willa Doyle

Assessment Officer

 

 

[1]          The Respondent filed a Bill of Costs following the Reasons for Judgment and Judgment rendered by The Honourable Mr. Justice Simon Noël of the Federal Court dated June 1, 2006.  The Reasons for Judgment and Judgment dismissed the Applicant’s judicial review and awarded costs to the Respondent.  The Respondent requested the Bill of Costs be disposed of by way of written submissions.   I issued a direction setting a timetable for the serving and filing of all materials in support and in opposition to the Respondent’s Bill of Costs.  

 

[2]         A search of the Federal Court Proceedings Management System database reveals that no submissions were filed on behalf of the Applicant.  I am now prepared to assess the Respondent’s Bill of Costs.

 

[3]                The assessable services and units requested were :  item 2 Preparation and filing of all defences, replies, counterclaims or respondents’ records and materials - five units,  item 7 Discovery of documents, including listing, affidavit and inspection - three units,  item 13 Counsel fee - a) preparation for trial or hearing , whether or not the trial or hearing proceeds, including correspondence, preparation of witnesses, issuance of subpoenas and other services not otherwise particularized in this tariff – three units,  item 14 a) Counsel fee: to first counsel, per hour in Court – two units (one hour), item 15 Preparation and filing of written argument, where requested or permitted by the Court – five units, item 25 –Service after judgment not otherwise specified – one unit, item 26 Assessment of costs – four units. In total, counsel for the Respondent requested twenty-three assessable services units totaling $2,760.00.

 

[4]                The above listed assessable services with two exceptions (item 7 and item 26) will be allowed as requested since they appear to be within a reasonable range for this litigation.  Item 7 Discovery of documents, including listing, affidavit and inspection is not allowed as this item is reserved for Discovery and Inspection of documents as addressed in Rule 222 to 232 and 295 of the Federal Courts Rules in actions and therefore without relevance in the judicial review matter at hand no units will be allowed.   Item 26 Assessment of costs is reduced to two units from the requested four since the Bill of Costs was a straightforward, done by written submission and was unopposed. 

 

[5]                Based on the foregoing reasoning the total assessable services will be reduced from the requested twenty-three units to eighteen for total assessable services of $2,160.00.

 

[6]                Disbursements as established by the affidavit of Kim Sheppard and the attached exhibits in the amount of $557.58 are allowed as presented.

 

[7]                The Bill of Costs presented at $3,317.58 is accordingly assessed and allowed in the amount of $2,717.58. A certificate is issued in the Federal Court proceeding for $2,717.58.

 

 

 

 

 

                                                                                                    “Willa Doyle”

                                                                                                Assessment Officer

 

 

Fredericton, New Brunswick

April 20, 2007

 

 

 

 

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                          T-31-05                                 

 

 

 

STYLE OF CAUSE:                         HERBERT WAX -and-

THE ATTORNEY GENERAL OF CANADA

 

                                                           

 

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

 

 

 

 

ASSESSMENT OF COSTS -                    

REASONS BY:                                  Willa Doyle, Assessment Officer

 

 

 

                                                                                   

DATED:                                             April 20, 2007

 

 

WRITTEN REPRESENTATIONS BY:

 

Mtre. D. Maiorino                              FOR THE APPLICANT

 

Mtre. K. Sheppard                            FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

                                   

Cerundolo & Maiorino                      FOR THE APPLICANT

Montréal, Québec

 

 

Department of Justice                      FOR THE RESPONDENT

Montréal, Québec