Roger Gauthier Inc. v. Canada, 2006 FCA 404

Date: 20061211

Docket: A-60-05

(T-967-76)

Citation: 2006 FCA 404

Between:

ROGER GAUTHIER INC.

Appellant

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is an assessment of the respondent’s bills of costs following a judgment of the Federal Court of Appeal dated May 4, 2006, and decisions of the Federal Court dated June 21 and July 17, 2004. At the respondent’s request, everything proceeded on the basis of the parties’ written representations.

[2]               In light of the criteria set out in subsection 400(3) of the Federal Courts Rules, the respondent’s fees are allowed at $1,020 for services rendered in docket A-60-05 under items 19 (4 units), 22 (2 units/hour x 1 hr. 15 min.) and 26 (2 units). I reduced the number of units claimed for each item, because the complexity of the issues do not warrant the maximum number of units in column III of Tariff B. The disbursements incurred in this docket in the amount of $188.24, which have been established by affidavit, are allowed as claimed.

[3]               For the same reasons, the fees are fixed at $800 in docket T-967-76 for items 5 (3 units) and 26 (2 units). This amount includes costs of $200 awarded by the Court when the motion to remove from the record was dismissed. Disbursements in the amount of $1,729.19 are also allowed.

[4]               In conclusion, the respondent’s costs are fixed at $1,208.24 (A-60-05) and $2,529.19  (T‑967-76). A certificate is issued in each docket, and a copy of these reasons is placed in docket T-967-76.

MONTRÉAL, QUEBEC, THE 11TH DAY OF DECEMBER 2006.

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                          A-60-05 (T-967-76)

BETWEEN:                                       Roger Gauthier Inc. v. Her Majesty the Queen

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                             December 11, 2006

SOLICITORS OF RECORD: