Alcindor v. Canada (Attorney General), 2006 FCA 95

Date: 20060307

Docket: A-170-04

Citation: 2006 FCA 95

Between:

CHRISTIAN ALCINDOR

Applicant

AND

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is an assessment in writing of the bill of costs of the Attorney General of Canada, following a judgment dated December 9, 2004, dismissing the application for judicial review.

[2]               In his submissions, the applicant argues that the assessment is premature given that an agreement has been reached. However, since the parties did not agree on the terms of repayment, this agreement sets out in paragraph 6 that the respondent would [translation] “proceed with the assessment of the bill of costs and the recovery of the assessed costs less any sums previously paid”. Under the circumstances, the respondent is entitled to an assessment of costs, and my role is to determine their amount.

[3]               The fees are awarded in the amount of $2,140 for the following items of Tariff B: 2 (7 units), 13 (4 units), 14 (2 units/hour X 1hr 55min) and 26 (3 units).  I am granting the number units requested under section 2 because of the amount of work involved in preparing the respondent’s record. Because I am not persuaded of the complexity of the issues raised in the application for judicial review, I have reduced the number of units for sections 13 and 14 accordingly. Although this was challenged, I consider 3 units for services rendered with respect to the assessment of costs to be reasonable compensation for the respondent. As for section 24, the applicant is correct in pointing out that only the Court may award fees to counsel for attendance at the hearing. 

[4]               Based on the evidence, disbursements are allowed in the amount of $315.78: $256.25 for photocopies and $59.53 for bailiff services. I accept the plaintiff’s argument that the service of the Notice of Appearance could have been performed according to one of the modes set out in section 140 of the Federal Court Rules and accordingly disallow the amount of $35.65. The costs incurred for taxis on December 9, 2004, are also disallowed, because they constitute, in my opinion, operating costs not recoverable at the assessment level.

[5]               The respondent's costs are therefore assessed and allowed in the amount of $2,455.78.  A certificate is issued for that amount.

DATED AT MONTRÉAL, THE 7th DAY OF MARCH 2006

Certified true translation

Francie Gow

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

COURT DOCKET NO.:                   A-170-04

Between:

CHRISTIAN ALCINDOR

                                                                                                                                            Applicant

                                                                          AND

ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                      March 7, 2006

SOLICITORS OF RECORD:

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       for the respondent