Gariépy v. The Queen, 2001 FCA 2

                                                                                                                                  Date: 20010202

                                                                                                                              Docket: A-174-96

                                                                                                                     Reference: 2001 FCA 2

BETWEEN:

                                                         CLAUDETTE GARIÉPY

                                                                                                                                            Appellant

                                                                         - and -

                                                    HER MAJESTY THE QUEEN

                                                                                                                                        Respondent

                                               TAXATION OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]         On October 11, 2000, through her counsel Dominique Guimond, the respondent filed her bill of costs pursuant to the Court's judgment on May 20, 1998. On December 4, 2000 the Court directed the law firm Borden, Ladner, Gervais LLP to cease representing Ms. Gariépy.

[2]         On December 19, 2000 we caused a copy of the bill of costs to be sent to the appellant inviting her to file her written submissions by January 19, 2001 at the latest. To date no representations have been received.

[3]         Having reviewed the guidelines set out in s. 400(3) of the Federal Court Rules, fees will be awarded in the amount of $3,500 pursuant to items 18 (1 unit), 19 (7 units), 22 ($2,400) and 26 (3 units). The amount of $500 in item 24 for counsel's travel to attend the hearing in Ottawa is denied since it is in the Court's discretion and not within the jurisdiction of the assessment officer.

[4]         However, Mr. Piché's travel costs to get to Ottawa are supported by the evidence and will be awarded in the amount of $228.69. The disbursement of $462 for photocopying costs is awarded.

[5]         The respondent's costs will accordingly be assessed and allowed in the amount of $3,500 for fees and $690.49 for disbursements. A certificate will be issued in the amount of $4,190.49.

Halifax, Nova Scotia

February 2, 2001

Certified true translation

Suzanne M. Gauthier, LL.L. Trad. a.

                                                    FEDERAL COURT OF APPEAL

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:                                           A-174-96

BETWEEN:

                                                          CLAUDETTE GARIÉPY

                                                                                                                                              Appellant

                                                                         - and -

                                                      HER MAJESTY THE QUEEN

                                                                                                                                          Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE

REASONS BY:                                               François Pilon, Assessment Officer

PLACE OF ASSESSMENT:               Halifax, Nova Scotia

DATE OF REASONS:                                    February 2, 2001

SOLICITORS OF RECORD:

Morris Rosenberg                                              for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario