Sylvain v. Canada (Canadian Food Inspection Agency), 2005 FCA 196

                                                                                                                                  Date: 20050519

                                                                                                                               Docket: A-376-04

Citation: 2005 FCA 196

BETWEEN:

GASTON J. SYLVAIN

Appellant

and

CANADIAN FOOD INSPECTION AGENCY

Respondent

and

ATTORNEY GENERAL OF CANADA

Mis-en-cause

ASSESSMENT OF COSTS - REASONS

DIANE PERRIER, ASSESSMENT OFFICER

[1]         The appellant filed a discontinuance of his appeal on December 9, 2004. The respondent is therefore entitled to costs under rule 402 of the Federal Court Rules.

[2]         On February 11, 2005, Dominique Guimond, counsel for the respondent and the mis-en-cause, filed a bill of costs and asked that it be assessed without personal appearance of the parties.

[3]         A letter was sent to the parties by registered mail on April 6, 2005, setting a schedule for the filing of their written submissions. The envelope sent to the appellant was returned to the Registry with the notation Aunclaimed@.

[4]         Following the return of this envelope, we made several attempts to contact the appellant, who is representing himself, but without success. Given the difficulty in contacting the appellant and the respondent=s right to recover its costs, I will now proceed to the assessment of the respondent=s bill of costs.

[5]         The fees claimed are considered reasonable and are allowed with the exception of items 26 and 27 for assessment services. Item 26 is reduced to two units because the proceeding is uncontested. The request under item 27 (such other services as may be allowed by the assessment officer or ordered by the Court) is not substantiated and will therefore not be allowed.

[6]         The disbursements in the amount of $3,529.42 are allowed since they are considered reasonable and are evidenced by the affidavit of Suzanne Dussault-Harvey.

[7]         The bill of costs is therefore assessed and allowed in the amount of $3,859.42. A certificate of assessment will be issued for that amount.

                      DIANE PERRIER

ASSESSMENT OFFICER

QUÉBEC, QUEBEC

May 19, 2005

Certified true translation

K. Harvey

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                           A-376-04        

STYLE:                                                GASTON J. SYLVAIN

APPELLANT

CANADIAN FOOD INSPECTION AGENCY

RESPONDENT

ATTORNEY GENERAL OF CANADA

MIS-EN-CAUSE

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT: Québec, Quebec

REASONS OF DIANE PERRIER, ASSESSMENT OFFICER

DATE OF REASONS:                        2005-05-19

SOLICITORS OF RECORD:

John H. Simms                          For the respondent and mis-en-cause