Date: 20080807
Docket: T-2473-03
Citation:
2008 FC 934
BETWEEN:
ATTORNEY
GENERAL OF CANADA
Applicant
and
SAM LÉVY & ASSOCIÉS INC.
AND SAMUEL S.
LÉVY
Respondents
ASSESSMENT OF
COSTS – REASONS
DIANE PERRIER, ASSESSMENT
OFFICER
[1]
This is an
assessment of the respondents’ bill of costs following an order of the Court
issued on February 3, 2005, dismissing the application for judicial review with
costs. At the respondents’ request, the assessment was conducted on the basis
of the parties’ written representations.
[2]
The
respondents claim the following assessable services: item 1 – preparation of
defence record (6 units), item 13(a) – preparation for hearing (4 units), item
14(a) – appearance at the hearing on January 18, 2008 (7.5 hours x 3 units), item
25 – services rendered after judgment
(1 unit) and item 26 – assessment of costs (3 units). I
reviewed these assessable fees, and they are all allowed with the exception of
item 14(a), which should be 5.5 hours instead of 7.5 hours, according to the
transcript of the hearing. The assessable fees are therefore allowed at $3,660.
[3]
The
disbursements are allowed for the following items: cost of preparing the
respondents’ record ($137.22), cost of printing the books of authorities ($342.88/3
= $114.29 dockets T‑2473-03, T-75-04, T-547-05) and travel costs
(Montréal/Québec – 258 km x 2 x $0.455/km = $234.78/3 dockets $78.26) since the
disbursements were established by affidavit, and they are not disputed. I
allowed $16 for parking since docket T-2473-03 was only heard on January 18,
2005. I allowed $180.19 for accommodation costs since the hearing of this case
took place on January 18, 2005, and ended at 4:50 p.m., which allowed counsel
for the respondents to return to Montréal if he had to. With respect to the
lunches, it seems to me that $136.77 for lunch on January 17, 2005, and $80.67
for lunch on January 18, 2005, cannot be considered reasonable . That is why I
allowed $33.15 for lunch on January 17, 2005, based on the October 2005 tariff
of the Treasury Board Secretariat travel directorate, and the same amount for
lunch on January18, 2005. In addition, I allowed $17.30 as incidental expenses for
January 17, 2005, and January 18, 2005, because these costs are usually allowed
in the Treasury Board Secretariat travel directorate, which I consider to be a
reasonable guide for claiming travel expenses. The disbursements are allowed at
$626.86.
[4]
The bill
of costs totalling $5,278.73 will therefore be allowed at $4,286.86. A
certificate of assessment will be issued in this amount.
Montréal, Quebec
August 7, 2008
ASSESSMENT
OFFICER
FEDERAL
COURT
SOLICITORS
OF RECORD
COURT DOCKET: T-2473-03
Between:
ATTORNEY
GENERAL OF CANADA
Applicant
and
SAM LÉVY & ASSOCIÉS INC.
AND SAMUEL S.
LÉVY
Respondents
ASSESSMENT
OF COSTS IN WRITING WITHOUT APPEARANCE BY THE PARTIES
PLACE OF Montréal, Quebec
ASSESSMENT:
REASONS
OF DIANE PERRIER, ASSESSMENT OFFICER
DATED: August
7, 2008
SOLICITORS
OF RECORD:
John
Sims
Deputy
Attorney General of Canada
Ottawa, Ontario for
the applicant
Gervais
& Gervais
Montréal,
Quebec for
the respondent
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