Dutchak v. Teamsters Canada Rail Conference, United Transportation Union, 2006 FCA 277

Date: 20060815

Docket: A-403-05

Citation: 2006 FCA 277

BETWEEN:

DALE DUTCHAK

Applicant

and

TEAMSTERS CANADA RAIL CONFERENCE,

UNITED TRANSPORTATION UNION and

CANADIAN PACIFIC RAILWAY COMPANY

Respondents

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Applicant sought judicial review of a decision of the Canadian Industrial Relations Board. He also sought, within this proceeding, a stay of proceedings in Federal Court of Appeal file A-505-03, and consolidation of both proceedings. The Court’s order dated February 22, 2006 provided that the “applicant’s letter dated February 3, 2006 is to be considered, at his own request, as a notice of discontinuance under Rule 166, with costs of the application for judicial review against the applicant.” I issued a timetable for written disposition of the bill of costs of the Respondent, Canadian Pacific Railway Company.

[2]               The respective submissions from the parties were similar to those led for the assessments of costs in court file A-505-03, reported at Dutchak v. United Transportation Union, [2006] F.C.J. No. 973 (A.O.). I have considered the bill of costs here of Canadian Pacific Railway Company consistent with my approach in said decision. I find said bill of costs reasonable in the circumstances and allow it as presented at $1,096.46.

“Charles E. Stinson”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-403-05

STYLE OF CAUSE:                          DALE DUTCHAK

                                                                                                                        Applicant

                                                            and

                                                            TEAMSTERS CANADA RAIL CONFERENCE

                                                            et al.

                                                                                                                        Respondents

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 August 15, 2006

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: