Date: 20070704
Docket: T-1116-04
Citation: 2007 FC 695
BETWEEN:
MARCHAND
SYNDICS INC.
and
GEORGES E.
MARCHAND
and
BRUNO
MARCHAND
Applicants
and
SYLVIE
LAPERRIÈRE
Respondent
ASSESSMENT OF
COSTS – REASONS
DIANE PERRIER,
ASSESSMENT OFFICER
[1] This is an assessment in writing of the
respondent’s bill of costs following a judgment dated November 10, 2004,
dismissing the application for judicial review with costs.
[2] The following fees are allowed in the amount of
$3,240 for the following items in Tariff B: 2 (5 units), 13(a) (4 units),
14(a) (3 units X 5 hours), 25 (1 unit) and 26 (2 units). I am only allowing 5
hours for item 14(a) since the hearing only lasted 5 hours according to the
transcript of the hearing of September 22, 2004.
[3] Based on the evidence submitted, costs are
allowed in the amount of $2,583.16. I have allowed the following amounts:
$846.14 for photocopies and reproductions, $33.73 for consultation of legal
data bases, $75.17 for the costs of service by the bailiff, $630.23 for stenographic
costs and $977.89 for travel expenses. An amount of $12 is allowed for
photocopies because it is reasonable and attached as an exhibit to the
affidavit of Mr. Letarte.
[4] It must be noted that an assessment is only a
partial indemnification of party and party costs and, on this point, the
disbursements can only be allowed for the documents for which the respondent
can claim for the fees. I therefore accept the applicant’s argument regarding
the invoice for $217.14 since the invoice for printing indicates that it
involves documents that would have been printed after the judgment; hence, in
my opinion, the costs were compensated under item 25 of Tariff B and cannot be
allowed again. The bill for $685.20 will be allowed since it is for photocopying
the affidavit of Ms. Laperrière and the respondent’s record. The bills for
$73.63 and $148.08 represent costs incurred for photocopying the affidavits of
the applicants, and therefore these costs are refused because they involve the
applicant’s documents. The bill for $160.94 corresponds to the respondent’s
books of authorities and is allowed since it is an expense incurred by the
respondent. The bill of $256.08 will be refused because it is for photocopying
the applicant’s records.
[5] With respect to the bill for travel costs in the
amount of $755.93, I agree with the applicant that the respondent’s two lawyers
could decide to meet before the examination of the applicant’s client, but the
applicant does not have to pay those costs. On the other hand, I agree with the
respondent that compensation for meals and incidental expenses in accordance
with government rates is reasonable and should be allowed as in Decker v.
Canada (Attorney General) (T-1124-03). I would therefore allow the costs
incurred beginning June 29, 2004, i.e. $182.78 for accommodation and incidental
expenses, breakfast, dinner as well as the expenses for breakfast, dinner and
incidental expenses of June 30, 2004, and the two taxi fares in the amount of
$20. In addition, I agree with the respondent that he was not obligated to
leave the same day for the examination; it seems completely reasonable to me to
leave Ottawa the day before to travel to Montreal for the next day. I therefore
will allow the mileage between Ottawa and Montreal, i.e. 200 kilometres x 44
cents, for a total of $88. Accordingly, I will allow the amount of $348.73 for
this trip.
[7] The bill for $616.95 will not be allowed because
it involves preparation by counsel and by Ms. Laperrière for her examination
for discovery and not for the discovery itself, which took place on August 17,
2004. To be compensated for this expense, the respondent could have made a
claim under item 8 of Tariff B for preparation for the examination for
discovery. On the other hand, the bill for $656.15 concerns the hearing on the
merits on September 22, 2004, and this bill will be allowed except for $7 for a
taxi that is, in my view, an operating cost of the office and not a travel
expense. The bill for $656.15 will therefore be allowed in the amount of
$649.16.
[8] The respondent’s bill of costs submitted in the
amount of $7,921.23 is accordingly assessed at $5,835.16. A certificate of
assessment will be issued for this amount.
DIANE
PERRIER
ASSESSMENT
OFFICER
QUÉBEC,
QUEBEC
July
4, 2007
Certified
true translation
Mary
Jo Egan, LLB
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