Date: 20110224
Docket: A-77-09
Citation: 2011 FCA
68
Present: JOHANNE PARENT, Assessment Officer
BETWEEN:
CLOTILDE BÉRUBÉ
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
and
THE ATTORNEY GENERAL FOR QUEBEC
Respondents
Dealt with in writing without appearance
of parties.
Certificate of costs delivered
at Toronto, Ontario,
on February 24, 2011.
REASONS
FOR ASSESSMENT OF COSTS BY: Johanne Parent, Assessment Officer
Date: 20110224
Docket: A-77-09
Citation: 2011 FCA 68
Present: JOHANNE
PARENT, Assessment Officer
BETWEEN:
CLOTILDE BÉRUBÉ
Appellant
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
and
THE ATTORNEY GENERAL FOR QUEBEC
Respondents
REASONS FOR ASSESSMENT OF
COSTS
JOHANNE PARENT, Assessment
Officer
[1]
On October
20, 2010, the Court dismissed the appeal with costs. Directions were issued and
sent to the parties on November 30, 2010 informing them that this assessment of
costs would proceed in writing and of the deadline to file representations.
[2]
Counsel
for the respondent, Her Majesty the Queen in Right of Canada, filed in support
of the Bill of Costs the affidavit of Stéphanie Dion within the prescribed
timeframe. No further representations were received by the Registry of the
Court, nor was any request to extend the time to file submissions.
[3]
I
will now proceed with the assessment of costs taking into consideration the
observations of my colleague in Dahl v Canada, 2007
FC 192(AO) at paragraph 2:
Effectively, the
absence of any relevant representations by the Plaintiff, which could assist me
in identifying issues and making a decision, leaves the bill of costs
unopposed. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant
benefiting by an assessment officer stepping away from a position of neutrality
to act as the litigant's advocate in challenging given items in a bill of
costs. However, the assessment officer cannot certify unlawful items, i.e.
those outside the authority of the judgment and the Tariff.
[4]
In
view of the services claimed under Tariff B of the Federal Courts Rules,
the counsel fees for the Memorandum of fact and law (Item 19), the hearing of the
appeal (Item 22), the services after judgment (Item 25) and the assessment of
costs (Item 26) will be allowed
as claimed.
[5]
I examined
the disbursements claimed by the respondent, Her Majesty the Queen in Right of
Canada, along with the supporting affidavit. I consider them necessary charges
to the conduct of this matter. The amounts are reasonable and are therefore
allowed.
[6]
The Bill
of Costs of the respondent, Her Majesty the Queen in Right of Canada, is
allowed for a total amount of $2,109.94
"Johanne
Parent"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-77-09
STYLE
OF CAUSE: CLOTILDE BÉRUBÉ v HER MAJESTY THE QUEEN
IN RIGHT OF CANADA AND THE ATTORNEY
GENERAL FOR QUEBEC
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ASSESSMENT
OF COSTS BY: JOHANNE PARENT, Assessment Officer
DATED: February 24, 2011
WRITTEN
REPRESENTATIONS BY:
|
N/A
|
FOR
THE APPELLANT (Self-Represented)
|
|
Stéphanie Dion
N/A
|
FOR
THE RESPONDENT (Her
Majesty the Queen in Right of Canada)
FOR
THE RESPONDENT (The Attorney General for Quebec)
|
SOLICITORS
OF RECORD:
|
N/A
|
FOR
THE APPELLANT
|
|
Myles J. Kirvan
Deputy
Attorney General of Canada
BERNARD,
ROY (JUSTICE-QUEBEC)
Minister
of Justice of Quebec
Montreal, Quebec
|
FOR
THE RESPONDENT (Her
Majesty the Queen in Right of Canada)
FOR
THE RESPONDENT (The Attorney General for Quebec)
|
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