Date: 20000407
Docket: A-742-98
BETWEEN:
JULES BERNARD,
Defendant-APPELLANT,
AND
BAND COUNCIL OF ABENAKIS OF WOLINAK,
Plaintiff-RESPONDENT,
AND
THE REGISTRAR OF THE RESERVED LANDS REGISTER
- and -
THE HONOURABLE JANE STEWART,
Defendants-RESPONDENTS.
TAXATION OF COSTS - REASONS
MICHELLE LAMY, TAXING OFFICER
[1] This appeal was dismissed for delay with costs to the respondent band council. The taxation took place before David Schulze on April 4, 2000. The appellant was not represented, though duly served with the summons issued by this Court on March 9, 2000.
[2] In its memorandum, the respondent asked for the maximum number of units allowed under s. 21(a) of Tariff B, column III, for the following services:
· reply to motion to be authorized to file documents;
· reply to motion to submit new evidence;
· reply to motion for a stay.
[3] We allow the respondent three units for the reply to the motion for a stay as, according to Mr. Schulze, preparation required a greater amount of work than for the other two motions, for which two units are allowed.
[4] Under item 26, assessment of costs, we reduce the claim to two units as that proceeding was not disputed. As to the units requested under item 27, for discussions with the bailiff responsible for executing a first instance writ following service of the motion for a stay filed in the Court of Appeal, this item is denied. As the discussions concerned the execution of a first instance writ, I consider that counsel for the respondent cannot be compensated for this service at the appeal level.
[5] The disbursements amounting to $54.74 for research are allowed as requested.
[6] In view of the foregoing, the costs of the Abenakis of Wolinak Band Council are taxed in the amount of $954.74. A certificate is issued for that amount.
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(signed)
MICHELLE LAMY
TAXING OFFICER
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MONTRÉAL, QUEBEC
April 7, 2000
Certified true translation
Martine Brunet, LL. B.
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FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000407
Docket: A-742-98
Between:
JULES BERNARD,
Defendant-APPELLANT,
-and -
BAND COUNCIL OF ABENAKIS OF WOLINAK,
Plaintiff-RESPONDENT,
- and -
THE REGISTRAR OF THE RESERVED LANDS REGISTER
- and -
THE HONOURABLE JANE STEWART,
Defendants-RESPONDENTS.
TAXATION OF COSTS - REASONS
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FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-742-98
BETWEEN:
JULES BERNARD,
Defendant-APPELLANT,
AND
BAND COUNCIL OF ABENAKIS OF WOLINAK,
Plaintiff-RESPONDENT,
AND
THE REGISTRAR OF THE RESERVED LANDS REGISTER
- and -
THE HONOURABLE JANE STEWART,
Defendants-RESPONDENTS.
PLACE OF TAXATION: Montréal, Quebec
DATE OF TAXATION: April 4, 2000
REASONS OF M. LAMY, TAXING OFFICER
DATE OF REASONS: April 7, 2000
APPEARANCE: David Schulze for the plaintiff-respondent
SOLICITORS OF RECORD:
Legris, Michaud, Lacoursière for the defendant-appellant
Trois-Rivières, Quebec
Hutchins, Soroka & Dionne for the plaintiff-respondent
Montréal, Quebec
Federal Department of Justice for the defendant-respondent
Ottawa, Ontario
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