Date: 20050131
Docket: A-419-00
Citation: 2005 FCA 43
BETWEEN:
LES INDUSTRIES VOGUE LTÉE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] On May 19, 2000, the Federal Court allowed the action by the plaintiff Her Majesty the Queen with costs against the defendant. On April 15, 2002, the Federal Court of Appeal dismissed the appeal from that decision with costs.
[2] The costs of Her Majesty the Queen incurred in both proceedings are to be assessed in writing. On December 8 and 9, 2004, we sent letters to the parties setting a schedule for the filing of their submissions. We have received no submissions in opposition to the plaintiff's bill of costs and the respondent's bill of costs. I am now prepared to proceed with the assessment.
[3] The fees in the Federal Court and the court costs amounting to $50 are awarded, except for item 26. Two units are allowed for item 26, since the assessment was not opposed. The same applies to the disbursements, which are awarded since they were proven by affidavit, except for the transcripts of testimony in the Canadian International Trade Tribunal, as those were given before another tribunal and even before the case began in the Federal Court. Her Majesty the Queen's costs are accordingly assessed and allowed in the amount of $14,781.56.
[4] In the Federal Court of Appeal, the fees are allowed except for item 26. As the assessment of costs was not opposed, 2 units are awarded. The disbursements are allowed as requested, since they were proven by affidavit. Her Majesty the Queen's costs are accordingly assessed and allowed in the amount of $2,181.74.
[5] A copy of these reasons is entered in the Federal Court record No. T-1270-92. A certificate of assessment in the amount of $14,781.56 will be issued in the Federal Court and another certificate of assessment in the amount of $2,181.74 will be issued in the Federal Court of Appeal.
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(signed)
DIANE PERRIER
ASSESSMENT OFFICER
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QUÉBEC, QUEBEC
January 31, 2005
Certified true translation
K. Harvey
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-419-00
STYLE OF CAUSE: LES INDUSTRIES VOGUE LTÉE
Appellant
v.
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS BY: DIANE PERRIER, ASSESSMENT OFFICER
DATED: January 31, 2005
SOLICITORS OF RECORD:
Ravinsky, Ryan FOR THE APPELLANT
Montréal, Quebec
Department of Justice Canada FOR THE RESPONDENT
Montréal, Quebec
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