Date: 20080307
Docket: T-75-04
Citation: 2008 FC 323
BETWEEN:
SAM
LÉVY & ASSOCIÉS INC.
and
SAMUEL S.
LÉVY, trustee
Applicants
and
MARC
MAYRAND
and
ATTORNEY
GENERAL OF CANADA
Respondents
and
MICHEL LEDUC
Interested party
ASSESSMENT OF
COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1]
This is an
assessment of the respondents’ bill of costs pursuant to the order made on May 16, 2005 dismissing the application
for judicial review with costs.
[2] On January 18, 2007, counsel for the respondents
filed their bill of costs and asked that it be assessed without an appearance
by the parties. On November
6, 2007, we sent
letters to the parties setting a schedule for the filing of their submissions.
The parties have submitted their written submissions. I am now prepared to
assess the costs based on the documentation in the record.
[3] The assessable fees are awarded in the amount of
$4,980. The assessable services are awarded as follows: item 2 – preparation
and filing of respondent’s record (5 units), item 6 – appearance on a motion on
January 19, 2005 (1.75 hours x 2 units ÷ 2) (dockets T-75-04 and T-547-04),
item 13(a) – counsel fees: preparation for hearing (4 units ÷ 2) (dockets
T-75-04 and T-547-04), item 14(a) – counsel fees for appearance at hearing on
March 8, 9, 10 and 11, 2008 (19.5 hours x 3 units ÷ 2) (dockets T-75-04 and
T-547-04), item 25 – services after judgment (1 unit ÷ 2) (dockets T-75-04 and
T-547-04) and item 26 – assessment of bill of costs (3 units). I agree with the
parties that the amount of $4,980 was already allowed in case T-547-04, and this
same amount should be allowed in the instant case since these cases were heard
at the same time and the respondents claimed half the costs for the same items
in the other case.
[4] In accordance with section 2 of Tariff A, the
amount of $150 is claimed for a hearing lasting more than three days, but as
requested by the respondents I have allowed the sum of $75 since the following
two cases were heard at the same time (T-75-04 and T-547-04) and half the
amount was claimed in case T-547-04.
[5] Disbursements will be allowed as follows: $380.34
for printing, $131.02 to consult a case law data base, $818.24 for travel and
accommodation costs and $89.35 for costs of bailiff service, making a total of
$1,329.60.
[6] The printing costs are allowed in the amount of
$380.34. The bill for $109.66 has been allowed as it involves the reproduction
of three copies of Michel Leduc’s affidavit. The bill for $36.47 was also
allowed since it seems reasonable for a fourth copy of Michel Leduc’s affidavit
to have been made. The bill for $234.21 will be allowed for reproduction of the
respondents’ record. However, I consider as the respondent indicated that the
other bills of $57.68, $77.60 and $95.48 cannot be allowed since they
correspond to a reproduction of various proceedings for administrative
purposes, and not photocopies required for the Court record.
[7] Travel and accommodation costs will be allowed in
the amount of $818.24, since what the applicant is disputing is incidental
expenses paid to the public servant in a travel situation. It seems reasonable
to award these since the per diem amount allowed for meals is still quite
reasonable and is in accordance with the travel directive of the Treasury Board
Secretariat. However, I did not allow the sum of $8 paid for counsel’s parking
at his office, since this is an office operating expense, not a travel expense.
[8] The costs for consulting a case law data base in
the amount of $131.02 are allowed as such, as well as the costs of bailiff
service in the amount of $89.35, since they are proven by counsel’s affidavit
and the accompanying documents.
[9] The respondents’ bill of costs submitted as
$7,612.71 is allowed in the amount of $6,384.60. A certificate of assessment
will be issued for this amount.
“Diane Perrier”
DIANE
PERRIER
ASSESSMENT
OFFICER
QUÉBEC, QUEBEC, March 7, 2008
Certified
true translation
Brian
McCordick, Translator
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