Date: 20011101
Docket: A-82-00
Neutral Citation:2001 FCA 330
Between:
MICHEL BÉRUBÉ
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
RICHARD LARABIE, ASSESSMENT OFFICER
[1] On June 14, 2001, Dominique Guimond, counsel for the respondent, filed a bill of costs pursuant to a judgment by the Court of Appeal dated March 21, 2001, dismissing with costs the application for judicial review.
[2] In a letter accompanying the bill of costs, Mr. Guimond asked that the assessment take place without personal appearance on the basis of the affidavit and the evidence in the record. In letters dated August 3, 2001, François DeVette was asked to file his representations in opposition by September 7, 2001, and Dominique Guimond was given until September 21, 2001, to file and serve her reply. Since no representations were made, the bill is therefore being assessed.
[3] With respect to counsel fees, Mr. Guimond is claiming $700.00 under item 19, $190.00 under item 22 and $600.00 under item 26. Since these claims have not been contested, items 19 and 22 are allowed. Concerning the claim under item 26, it is reduced to $200.00 for the same reason. However, in accordance with section 4 of Part I of Tariff B, the unit value was increased to $110.00 on April 1, 2001, and this bill of costs, having been filed on June 14, 2001, will be assessed on the basis of that increase.
[4] The claim for disbursements in the amount of $128.08, supported by the affidavit of Marie-Chantal Lauzon, is allowed.
[5] The respondent's costs are assessed and allowed in the amount of $1,200.00 for counsel fees and $128.08 for disbursements. A certificate is issued for $1,328.08.
RICHARD LARABIE
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
November 1, 2001
Certified true translation
Sophie Debbané, LLB
FEDERAL COURT OF APPEAL
Date: 20011101
Docket: A-82-00
BETWEEN:
MICHEL BÉRUBÉ
Applicant
AND
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-82-00
BETWEEN: MICHEL BÉRUBÉ
Applicant
AND
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF RICHARD LARABIE, ASSESSMENT OFFICER
DATE OF REASONS: November 1, 2001
SOLICITORS OF RECORD:
François De Vette
Montréal, Quebec For the Applicant
MORRIS ROSENBERG
Deputy Attorney General of Canada
Ottawa, Ontario For the Respondent
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