Date: 20060131

Docket: A-294-04

Citation: 2006 FCA 39

Between:

SADOK METHAMEM

Appellant

AND

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]        This is an assessment of the respondent’s costs pursuant to the judgment dated March 15, 2005. At the respondent’s request, we sent a letter to the parties on October 18, 2005, asking them to submit their written representations.

[2]        In his submissions, the appellant does not dispute any of the amounts claimed but cites some personal considerations, including his financial situation, to question the merits of the respondent’s claim for costs. Since the Court has ruled on the question of costs, the role of the assessment officer is to fix the amount of the costs in light of the criteria established in sections 400 et seq. of the Federal Court Rules.

[3]        Having examined the proceedings in the case, I allow the fees in the amount of $1,447.20 for the following items in Tariff B: items 2 (5 units X $120), 13 (3 units X $120), 14 (2 units X $120 X 0.03 hours), 25 (1 unit X $120) and 26 (3 units X $120). Although it was contested, I have reduced the number of units requested for the assessment as this was a relatively uncomplicated proceeding. As to the disbursements in the amount of $172.77, they are allowed as such, having been proved by affidavit and being reasonable in this proceeding.

[4]        The costs of the respondent are assessed and allowed in the amount of $1,619.97. A certificate shall issue for this amount.

DATED AT MONTRÉAL, THE 31^ST DAY OF JANUARY, 2006

Certified true translation

François Brunet, LLB, BCL

FEDERAL COURT OF APPEAL

                                                      SOLICITORS OF RECORD

DOCKET:                                          A-294-04

STYLE OF CAUSE:                          SADOK METHAMEM v. HER MAJESTY THE QUEEN

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS:                                        Michelle Lamy, Assessment Officer

DATE OF REASONS:                      January 31, 2006

SOLICITORS OF RECORD:

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       FOR THE RESPONDENT