Date: 20080508
Docket: T-360-05
Citation: 2008 FC 590
BETWEEN:
JACQUES
ROY
Applicant
and
LAWRENCE
POITRAS
Respondent
and
SYLVIE LAPERRIÈRE
Respondent
ASSESSMENT OF
COSTS – REASONS
DIANE PERRIER,
ASSESSMENT OFFICER
[1]
This is an
assessment of two of the applicant’s bills of costs following a judgment of the
Court rendered on November 17, 2006, allowing with costs the application
for judicial review, and an order issued by the Court on March 8, 2005,
granting with costs the applicant’s motion to amend. At the request of the
applicant, the assessment was based on the written submissions of the parties.
[2]
Having
reviewed the written submissions and pursuant to the order dated
March 8, 2005, granting with costs the motion to amend, the
assessable fees are allowed in the amount of $900. I allowed item 5 –
preparation of the motion for permission to amend, March 3, 2005 (4
units), item 6 – appearance on a motion on March 8, 2005, 0.25 hours
x 2 units = (0.5 units), item 25 – services after judgment (1 unit) and item
26 – assessment of costs (2 units). I think 4 units should be allowed for the
preparation of the motion for permission to amend and not 5 units as requested
by the applicant, given that, in my opinion, this type of motion is generally
not very complicated, and the oral representations lasted 10 minutes. At the
respondents’ suggestion and with the applicant’s consent, item 6 was adjusted
to 0.5 units because there had been a calculation error. I allowed 2 units
for the assessment of costs because it is not very complicated.
[3]
With
respect to the assessment of the applicant’s bill of costs pursuant to the
order dated November 17, 2006, allowing with costs the application for
judicial review, fees are allowed in the amount of $3,045. I allowed the
following items: item 1 – preparation of the originating document
(6 units), item 13(a) – counsel fee, preparation for hearing 4
units ÷ 2 = 2 units because files T‑402‑05 and T-360-05 were
heard simultaneously, item 14(a) – appearance at hearing
(9.25 hours x 3 units ÷ 2 files = 13.875 units), item 25 – services after
judgment (1 unit ÷ 2 = 0.5 units) and item 26 – assessment of costs
(3 units). Item 3 – amendment of documents necessitated by a new or
amended originating document, pleading, notice or affidavit or another party –
was not allowed because, as mentioned by the respondents in their
representations, the only pleading they filed in this case was the notice of
appearance. This does not constitute an originating document requiring a
response by the applicant. I amended items 13(a), 14(a) and 25 at
the respondents’ suggestion and with the applicant’s consent, given that the
two files (T-360-05 and T‑402‑05) were heard simultaneously.
[4]
The
disbursements in the amount of $606.40 for the filing of the notice of application
and the notice of amended application, the costs of printing the statement of
fact and law, the costs of printing the book of authorities, the costs of
consulting legal databases, transportation expenses and bailiff fees are
allowed as requested because they are established by affidavit and seem
reasonable to me.
[5]
The
applicant’s bill of costs pursuant to the order dated March 8, 2005, is
awarded in the amount of $900. A certificate will be issued in that amount. The
applicant’s bill of costs pursuant to the order dated November 17, 2006,
allowing with costs the application for judicial review, is awarded in the
amount of $3,651.53. A certificate will be issued in the file in that amount.
Québec,
Quebec
May 8,
2008
DIANE PERRIER
ASSESSMENT
OFFICER
Certified true
translation
Francie Gow, BCL, LLB
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