Couture v. Canada (Department of Employment Insurance), 2001 FCA 103

                                                                                                                                         Date: 20010403

                                                                     Docket: A-355-98

                                                                                     Neutral citation: 2001 FCA 103

BETWEEN:

                                                         GILBERT SIOUI COUTURE

                                                                                                                          Plaintiff

AND

DEPARTMENT OF EMPLOYMENT INSURANCE

Defendant

ASSESSMENT OF COSTS - REASONS

RICHARD LARABIE, ASSESSMENT OFFICER

[1]         On March 14, 2001, Dominique Guimond, representing the defendant, filed a bill of costs pursuant to the judgment of the Court dated June 14, 2000, dismissing the application for judicial review with costs.

[2]         At the request of the defendant's representative, costs were to have been assessed without personal appearance, and on March 22, 2001, a letter was sent to the parties inviting them to make submissions in writing.

[3]         On April 2, 2001, after receiving a letter requesting that the assessment be postponed, I contacted Mr. Carrier, representing the plaintiff, and in that conversation he ultimately told me to proceed with the assessment since he was unable to locate his client and the bill of costs seemed reasonable to him.

[4]         Having regard to the foregoing, amounts claimed under items 19 and 22 of the Tariff for counsel fees are allowed as requested. Under item 26, $200.00 seems to me to be more reasonable than the amount claimed since this assessment is not contested.

[5]         The disbursements established by the affidavit of Christine Mance, an employee of the department, are allowed as claimed.

[6]         The defendant's costs are therefore assessed at and allowed in the amount of $1,100.00

for counsel fees and $494.97 for disbursements. A certificate will issue in the amount of $1 594.97.

     RICHARD LARABIE

                                                                                                       ________________________

                                                                                                               RICHARD LARABIE

                                                                                                            ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

April 3, 2001

Certified True Translation

Sophie Debbané, LL.B.

                                           FEDERAL COURT OF APPEAL

                        NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:    A-355-98

BETWEEN:

GILBERT SIOUI COUTURE

Plaintiff

AND

DEPARTMENT OF EMPLOYMENT INSURANCE

Defendant

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:       Montréal, Quebec

REASONS OF R. LARABIE, ASSESSMENT OFFICER

DATE OF REASONS:                 April 3, 2001

SOLICITORS OF RECORD:

Rochon, Belzile, Carrier, Auger & Associés

Quebec, Quebec                                                                            For the Plaintiff

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                                             For the Defendant

FEDERAL COURT OF APPEAL

Date: 20010403

Docket: A-355-98

Between:

GILBERT SIOUI COUTURE

Plaintiff

AND

DEPARTMENT OF EMPLOYMENT INSURANCE

Defendant

ASSESSMENT OF COSTS - REASONS