Date: 20001023
Docket: A-5-97
BETWEEN:
MR. DONALD C. LOISELLE
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
MINISTER OF JUSTICE AND
ATTORNEY GENERAL OF CANADA
Third Party
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] On September 18, 2000, the respondent, represented by Mr. Vincent Veuilleux, filed his bill of costs pursuant to the final judgment of the Court rendered on June 16, 2000 and asked that it be taxed without personal appearance of the parties. The appellant, Mr. Donald Loiselle, filed some written submissions with supporting documents in opposition to the bill of costs on October 5, 2000.
[2] I reproduce below, verbatim, the written submissions of the appellant setting out his overall position regarding the assessment of the bill of costs:
| [Translation] As I informed the court in the presence of Mr. Veilleux, I am not solvent, I have no property of which the seizure thereof would result in even the partial repayment of this amount. I informed the court that I have not worked since 1993, as a result of my emergency hospitalization for heart problems. My only income comes from the Quebec Pension Plan, about $230 per month, $125 of which is deducted at source by the bank in repayment of a loan to pay some legal fees after using my RRSP for that purpose. I also informed the court that my wife and I are married as to separation of property and that any seizure at the residence, the property of my wife, would result in some costs to her in filing third party oppositions in the Court. I submit to you that any seizure would in the circumstances constitute vindictive and unjustifiable harassment. |
[3] The appellant's written submissions and the documents in support suggest to me that Mr. Loiselle is unable to repay any sum that might be levied following the issuance of an assessment certificate. However, an assessment officer does not have jurisdiction to determine this issue. His mandate is limited by the Court's rules of procedure, including the provisions of Tariff B, and his authority is dictated by the orders and judgments rendered by the Judges. In the circumstances, I must therefore proceed with the assessment of the bill of costs as submitted by the respondent.
[4] In view of the circumstances and the criteria listed in subsection 400(3) of the Federal Court Rules, fees in the amount of $1,600.00 will be awarded for services rendered under items 19 (5 units), 22(a) ($600.00), 25 (1 unit) and 26 (4 units). However, the fees in the respective amounts of $200.00 and $300.00 for the preparation of two motions under item 21(a) will be refused, since the Court made no ruling as to costs.
[5] The costs incurred for service of documents and for costs of travel to Québec will be awarded, these expenses being supported by the evidence.
[6] The respondent's costs will therefore be taxed and awarded in the amounts of $1,600.00 for the fees and $820.08 for the disbursements. A certificate will be issued for the amount of $2,420.08.
Halifax, Nova Scotia
October 23, 2000
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
BETWEEN:
MR. DONALD C. LOISELLE
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
- and -
MINISTER OF JUSTICE AND
ATTORNEY GENERAL OF CANADA
Third Party
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS OF FRANÇOIS PILON, Assessment Officer
PLACE OF ASSESSMENT: Halifax, Nova Scotia
| DATE OF REASONS: October 23, 2000 |
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario For the respondent
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