Date: 20011221
Docket: A-504-98
Neutral citation: 2001 FCA 400
Between:
GERMAIN PELLETIER LTÉE
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Following a motion by the respondent to confess judgment, the Court on October 27, 2000 allowed the respondent's motion without costs and the appeal with costs to the appellant. The assessment of costs took place by conference call on November 13, 2001.
[2] The fees claimed by the appellant under Tariff B, column III, are the following: items 17 (1 unit), 18 (1 unit), 19 (7 units), 20 (1 unit), 21(a) (3 units), 25 (1 unit) and 26 (6 units). Items 19, 21 and 26 were challenged.
[3] Although the appeal did not go forward on account of the judgment rendered a few days before the appeal was to be heard, we nevertheless allow the maximum number of units for item 19. The Attorney General of Canada's motion was prepared after the memorandum of fact and law was drawn up. The complexity of the issues was not raised by counsel for the respondent in his argument.
[4] At the hearing Daniel Bourgeois discontinued his claim under item 21, as the respondent's motion was granted without costs.
[5] We hesitate to grant the maximum number of units under Item 26, as this was a relatively straightforward bill of costs with little opposition. Moreover, the appellant served its bill of costs a year ago and sent the respondent several letters seeking to resolve the matter of costs. In such circumstances, we allow 4 units for that item.
[6] In view of the foregoing, we award the appellant the sum of $1,650 for its fees, namely 15 units x $110/unit.
[7] Disbursements in the amount of $5,590.40 are awarded as they were not opposed.
[8] The appellant's costs are taxed and allowed in the amount of $7,240.40. A certificate is issued for that amount.
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(signed)
MICHELLE LAMY
ASSESSMENT OFFICER
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MONTRÉAL, QUEBEC
December 21, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20011221
Docket: A-504-98
BETWEEN:
GERMAIN PELLETIER LTÉE
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
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FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-504-98
Between:
GERMAIN PELLETIER LTÉE
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS BY CONFERENCE CALL
PLACE OF ASSESSMENT: Montréal and Québec, Quebec
DATE: December 13, 2001
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: December 21, 2001
SOLICITORS OF RECORD:
Pothier, Delisle for the appellant
Sainte-Foy, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada
Ottawa, Ontario
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