Date: 20080814
Docket: T-1974-06
Citation:
2008 FC 948
BETWEEN:
DENIS
BÉGIN
Plaintiff
and
MARC SÉGUIN
PAROLE OFFICER
FOR THE CORRECTIONAL SERVICE OF CANADA
Defendant
ASSESSMENT OF
COSTS – REASONS
DIANE PERRIER, ASSESSMENT
OFFICER
[1]
This is
the assessment of costs pursuant to an order of the Court dated
January 15, 2007, striking the plaintiff's statement of claim under paragraph
221(1)(a) of the Federal Courts Rules, with costs.
[2]
On March
29, 2007, counsel for the defendant filed his bill of costs and asked that it
be assessed without the appearance of the parties. On November 8, 2007, we sent
the parties letters establishing a timetable. Since the parties have filed
their written submissions, I am now ready to assess costs.
[3]
The
plaintiff has asked the assessment officer not to assess costs because he is
unable to pay them and would be forced to declare bankruptcy if required to do
so. The defendant, for his part, relies on the decision of the Honourable
Justice Addy in Solovsky v. Canada, which states that "… in deciding whether costs should or
should not be awarded against an unsuccessful plaintiff, neither the ability to
pay nor the difficulty of collection should be a deciding factor but, on the
contrary, the awarding or refusal of costs should be based on the merits of the
case." In my
opinion, assessment officers are bound by the reasons in Solovsky. I
should also note that, under section 400 of the Federal Courts Rules,
only the Court has the power to award costs. Thus, since the Court has awarded
costs in this matter, and since, under section 405, costs are assessed by
an assessment officer, the assessment officer has no choice but to quantify the
costs.
[4]
The
defendant seeks the following fees: Item 5 – preparation and filing of a
contested motion (7 units x $120) and Item 26 – assessment of costs (6 units x $120).
The defendant seeks the maximum number of units for the motion to dismiss the
plaintiff's action and for the assessment of costs. Section 409 of
the Federal Courts Rules provides that, in assessing costs, an assessment
officer may consider the factors referred to in subsection 400(3). On this
basis, I allow five units under Item 5 in view of the
amount of work done by the defendant to bring the motion to dismiss the action,
because the defendant clearly had to mount a substantial case to secure the
dismissal of the action, but I do not consider it reasonable to grant more than
five units for this type of motion, because there are, in my opinion,
other more complex and complicated motions than the motion in issue. For
Item 26, assessment of costs, I will allow only three units,
because this assessment of costs does not appear to me to be particularly
complex or complicated. Consequently, I assess the fees at $960.
[5]
Disbursements
in the amount of $258.21 are allowed for photocopies of the record of the
motion to dismiss, for the reply to the plaintiff's motion record, and for the
service by bailiff and filing of the record of the motion to dismiss, because
they appear to me to be reasonable and are supported by the affidavit of
Patricia Sills.
[6]
The
defendant's bill of costs totalling $1,818.21 is assessed and allowed in the
amount of $1,218.21.
MONTRÉAL,
QUEBEC
August
14, 2008
"Diane
Perrier"
DIANE PERRIER
ASSESSMENT
OFFICER
Certified
true translation
Brian
McCordick, Translator
FEDERAL
COURT
SOLICITORS
OF RECORD
DOCKET: T-1974-06
Between:
DENIS BÉGIN
Plaintiff
and
MARC SÉGUIN
PAROLE OFFICER
FOR THE CORRECTIONAL SERVICES OF CANADA
Defendant
ASSESSMENT
OF COSTS IN WRITING
REASONS
OF DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: August 14, 2008
WRITTEN SUBMISSIONS:
Denis Bégin PLAINTIFF
Nicholas R. Banks FOR
THE DEFENDANT
SOLICITORS
OF RECORD:
John
Sims
Deputy
Attorney General of Canada
Ottawa,
Ontario
FOR THE DEFENDANT