Date:
20080128
Docket:
T-1814-06
Citation:
2008 FC 111
Between:
DALE
TELFORD
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF
COSTS –REASONS
JUDITH CHARLES, ASSESSMENT OFFICER
[1]
The Applicant filed a Notice of Application for
judicial review of a decision of the Minister of National communicated by
letter dated September 8, 2006. On January 23, 2007, the Respondent served and
filed a notice of motion pursuant to Rule 369 of the Federal Courts Rules for an
Order on consent referring the matter back to the Minister for reconsideration.
[2]
On February 7, 2007, the Court (Mactavish J)
granted the Respondent’s motion and awarded costs to the Applicant fixed in the
sum of $400.00 plus reasonable and proper disbursements.
[3]
Given the aforementioned Order of the Court,
only the amount sought for disbursements will be decided in this assessment. It
should be noted that an affidavit of disbursements was not filed, the amount
claimed for the Federal Court filing fee of $50 is document on the court file
and is therefore allowed. Regarding the sums sought for the costs of
photocopies, I relied on the approach taken in Murphy v. M.N.R (2002), 291
N.R. 189 in which the assessment officer found that in the absence of proof
of the actual costs of photocopying, a lump sum reflecting the number of copies
required to satisfy the requirements of the Rules. Therefore the sum of $15.12
is allowed. The same approach was taken with regard to the telecommunication
costs given the small amount of $28.64.
[4]
The Applicant’s Bill of Costs totalling $493.76
is allowed. A certificate of assessment in this amount will be issued.
Signed: “Judith
Charles”
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JUDITH CHARLES
ASSESSMENT
OFFICER
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HALIFAX, NOVA SCOTIA
January 28, 2008
FEDERAL COURT
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1814-06
STYLE OF
CAUSE: DALE TELFORD v. ATTORNEY GENERAL OF CANADA
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF
PARTIES
PLACE OF
TAXATION: Halifax, Nova Scotia
ASSESSMENT OF COSTS –
REASONS BY: JUDITH CHARLES, ASSESSMENT OFFICER
DATE OF
REASONS: January
28, 2008
SOLICITOR
OF RECORD:
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
Halifax, NS
McInnes Cooper
Halifax, NS
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FOR THE RESPONDENT
FOR THE APPLICANT
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