Elkayam v. Canada (Attorney General), 2006 FCA 399

Date: 20061206

Dockets: A-304-04

A-370-04

Citation: 2006 FCA 399

Docket: A-304-04

Between:

AMRAM ELKAYAM

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

Docket: A-370-04

Between:

AMRAM ELKAYAM

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is the assessment of the respondent’s bills of costs following the judgments dated March 17, 2005, dismissing the appeals of Federal Court decisions. At the request of the respondent, the assessment proceeded on the basis of the parties’ written representations.

[2]               Given that the role of the assessment officer is to fix the amount of costs payable to a party when costs have been ordered by the Court, the fees of the representative of the Attorney General of Canada are allowed at $1,292 for services rendered in docket A-304-04 under items 19 (4 units), 21 (2 units/motion x 2 motions), 22 (2 units/hour x 23 min.) and 26 (2 units). I reduced the number of units claimed for each item, since the complexity of the issues does not justify awarding the maximum number of units provided in column III of Tariff B. The disbursements incurred in this docket in the amount of $1,368.51, which have been established by affidavit, are allowed as claimed.

[3]               For the same reasons, the fees are fixed at $1,000 in docket A-370-04 for items 19 (4 units), 22 (2units/hour x 1 h 10 min.) and 26 (2 units). Disbursements in the amount of $1,057.30 are allowed as claimed.

[4]               In light of the foregoing, the respondent’s costs are fixed at $2,057.30 (A-370-04) and $2,660.51 (A-304-04). A certificate is issued in each docket for these amounts, and a copy of these reasons is placed in docket A-370-04.

MONTRÉAL, QUEBEC, THE 6TH DAY OF DECEMBER 2006.

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKETS:                                        A-304-04, A-370-04

BETWEEN:                                       Amram Elkayam v. Attorney General of Canada

(A-304-04)

                                                            Amram Elkayam v. Attorney General of Canada

(A-370-04)

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                             December 6, 2006

SOLICITORS OF RECORD: