Date: 20030924
Docket No. A-467-02
Neutral Citation: 2003 FCA 347
BETWEEN:
Dr. Noel Ayangma
Appellant
- and -
Her Majesty the Queen
Respondent
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] On October 11, 2002 the Court had ordered the consolidation of this file with file A-74-02 (the lead file). Both appeals were heard together on January 27, 2003. The Court dismissed this appeal with costs on March 20, 2003.
[2] Mr. Gunvaldsen-Klaassen represents Her Majesty the Queen and Dr. Noel Ayangma, the appellant, is acting in his own behalf. The assessment of this bill of costs took place on September 11, 2003 by telephone conference along with the assessment of the costs in files A-74-02 and T-195-01.
[3] Seven units are requested for the preparation of the respondent's memorandum of fact and law. The appellant objects to the maximum number of units. I will allow 4 units because the arguments in both appeals were filed jointly in the lead file.
[4] Services under items 22, 26 are allowed at the 4 unit level and 2 unit level respectively for the reasons given in the lead file. The items for preparation for hearing and review of the notice of appeal claimed under item 27 are disallowed for the same reasons as set down in file A-74-02.
Disbursements
[5] Dr. Ayangma objects to only one disbursement, the amount of $922.22 for photocopying charges. Mr. Gunvaldsen-Klaassen explains that copies of documentation were sent to his clients which included the Public Service Commission, Health Canada and the Commissionaire for Official Languages. A review of the Court file reveals that the respondent filed books of authorities containing four hundred and sixty pages. The reproduction of this document alone in ten copies would probably justify this expense.
[6] The respondent's bill of costs is assessed and allowed in the amounts of $1,100 for fees and $964.67 for disbursements. A certificate of assessment will be issued in the sum of $2,064.67.
Halifax, Nova Scotia
September 24, 2003 François Pilon
Assessment Officer
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-467-02
STYLE OF CAUSE: Dr. Noel Ayangma v. Her Majesty the Queen
PLACE OF HEARING: Halifax, N.S. and Charlottetown, P.E.I.
DATE OF HEARING: September, 11, 2003
REASONS FOR ASSESSMENT OF COSTS BY: François Pilon
DATED: September 24, 2003
APPEARANCES BY:
Dr. Noel Ayangma, on his own behalf For the apppellant
Mr. Gunvaldsen-Klaassen For the respondent
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General
Ottawa, ON For the Respondent
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