Date: 20011128
Docket: A-913-96
Neutral citation: 2001 FCA 370
Between:
ROBERT LAVIGNE
Applicant - Appellant
and
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
and
HER MAJESTY THE QUEEN
Respondents
and
THE OFFICE OF THE COMMISSIONER OF
OFFICIAL LANGUAGES
Intervenor
TAXATION OF COSTS - REASONS
RICHARD LARABIE, ASSESSMENT OFFICER
[1] On July 18, 2001, Me Raymond Piché filed a bill of costs pursuant to a judgment rendered by this Court dismissing the appeal with costs to the Respondents only.
[2] In a letter accompanying his bill of costs, Me Piché requested that the taxation proceed without personal appearance of parties. On August 3, 2001, letters were sent to the parties inviting them to file and serve their written representations and since none were filed, the Respondents' costs are hereby assessed.
[3] For counsel fees, Me Piché claims 7 units under item 19, 3 units under item 22a) and 6 units under item 26 representing the maximum amount of units for each of these items. I normally hesitate to intervene in the absence of representations of an opposing party while taxing a bill of costs. However, since the Appellant is not represented by counsel and considering the provision of rule 400, the maximum number of units claimed under item 19 will be reduced to 5 units and under item 26 to 2 units.
[4] The claim of $ 934.68 representing disbursements for photocopies and service of documents, supported by the affidavit of Antoine Lippé, is allowed.
[5] The Respondent's bill of costs is assessed and allowed in the amount of $ 1,749.00 for assessable services and $ 934.68 for disbursements. A certificate of taxation is issued in the amount of $ 2,683.68
RICHARD LARABIE
ASSESSMENT OFFICER
MONTREAL, QUEBEC
November 28, 2001
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: A-913-96
STYLE OF CAUSE:
ROBERT LAVIGNE
Applicant - Appellant
and
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
and
HER MAJESTY THE QUEEN
Respondents
and
THE OFFICE OF THE COMMISSIONER OF
OFFICIAL LANGUAGES
Intervenor
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: RICHARD LARABIE, ASSESSMENT OFFICER
DATE OF REASONS: November 28, 2001
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent
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