Date: 20070720
Docket: A-508-06
Citation 2007 FCA 260
BETWEEN:
ROBERT
LAVIGNE
Appellant
and
MR.
ROBERT PEPIN and CANADA POST CORPORATION
Respondents
ASSESSMENT OF COSTS -
REASONS
W. DOYLE
Assessment
Officer
[1]
The respondents
filed a Bill of Costs pursuant to the March 26, 2007 judgment of the Federal
Court of Appeal in which the appellant’s appeal of a decision of Mr. Justice de
Montigny regarding the granting of the respondents’ motion to strike the
appellants’ statement of claim was dismissed with costs.
[2]
On
May 18, 2007 the respondents filed their Bill of Costs with a supporting
affidavit requesting the assessment be done in writing without personal
appearance.
[3]
On
June 13, 2007 I issued a timetable for reply and rebuttal materials. To date
the appellant has not filed a written reply.
[4]
The
Bill of Costs is presented claiming; item 18 – preparation of appeal book (1
unit), item 19 - memorandum of fact and law (five units), item 21- written
representation by respondents in response to a motion for expedited hearing (2
units), item 22 – counsel fee on hearing of appeal ( 3hours x 2 units), item 26
– assessment of costs (four units), item 28 – services of a paralegal for the
preparation of the appeal book (50% of 1unit), item 28 – services of a
paralegal for the preparation of the memorandum of fact and law (50% of five
units), item 28 – services of a paralegal for the preparation of the bill of
costs (50% of four units).
[5]
I
reviewed the file, the court database abstracts and the Bill of Costs in these
proceedings. I will allow item 18, 19, 21 and 22 as presented. As for item 26,
since the Bill of Costs was not objected to and in my opinion straightforward,
I will allow two units not the requested four units. In relation to item 28, as
I have stated in previous assessments, it is my respectful opinion, that it is improper
to indemnify counsel for services of a paralegal when a claim is already awarded
for these items (item 18, 19 and 26) no units will be allowed under item 28.
[6]
Based on the foregoing reasoning
the total assessable service amount will be reduced from the requested $3,145.02
to an allowed total assessable service amount of $2, 187.84.
[7]
Disbursements, appearing
reasonable for this type of litigation and being established by the affidavit
of Suzanne Raiche which is accompanied with a copy of the printout from the
accounting records evidencing the disbursements incurred, are awarded in the
amount of $1, 086.72.
[8]
The bill of costs presented at $4,231.74
is accordingly assessed and allowed in the amount of $3,274.56. A certificate
is issued in the Federal Court of Appeal proceeding for $3,274.56.
“Willa Doyle”
Assessment
Officer
Fredericton, New Brunswick
July 20, 2007
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-508-06
STYLE OF CAUSE: ROBERT
LAVIGNE -and-
CANADA
POST CORPORATION & ROBERT PEPIN
ASSESSMENT OF COSTS IN
WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: Willa Doyle, Assessment Officer
DATED: July
20, 2007
WRITTEN
REPRESENTATIONS BY:
Richard Desgagnés
Azim Hussain FOR
THE RESPONDENTS
SOLICITORS
OF RECORD:
Ogilvy Renault LLP FOR
THE RESPONDENTS
Montréal, Québec
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