Aubertin v. Canada (Attorney General), 2003 FCA 310

Date: 20030724

Docket: A-75-02

Citation: 2003 FCA 310

Between:

RAOUL AUBERTIN

Appellant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

SUZANNE DAVID, ASSESSMENT OFFICER

[1]                 This is an appeal from a judgment of the Trial Division which was dismissed with costs by the Federal Court of Appeal on February 24, 2003.

[2]                 On May 6 last the respondent filed his bill of costs and asked that the assessment proceed without a personal appearance by the parties. Deadlines for the filing of written submissions were accordingly set and letters sent to the parties. As the said deadlines have now expired and no written submission has been filed, we shall proceed with assessment of the respondent's costs.

[3]                 On assessable services, the following amounts were claimed for counsel's fees:

            - item 19: $110.00;

            - item 22(a) ($110 x 3 x 1.75 hrs.) = $557.50;

            - item 26: $110.00.

In view of the provisions of Rule 407, which reads as follows:

Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column III of the table to Tariff B.

the following amounts, representing the minimum number of units under column III, will be awarded:

            - item 19: 4 units x $110 = $440.00;

            - item 26: 2 units x $110 = $220.00;

            - item 22(a): is awarded in the number of units requested, for an amount of $577.50, this amount making allowance for the correction of a computation error.

Assessable services are accordingly awarded in a total amount of $1,237.50.

[4]                 On disbursements, consisting of bailiffs' fees and photocopies, these are considered reasonable and necessary for the proceeding and are awarded as requested, in the amount of $377.80.

[5]                 The bill of costs is assessed and allowed in the amount of $1,615.30. A certificate is issued in that amount.

MONTRÉAL, QUEBEC

July 24, 2003

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF APPEAL

                                                          SOLICITORS OF RECORD

COURT FILE No.:                                                         A-75-02

Between:                                                                          RAOUL AUBERTIN

Appellant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:                                        Montréal, Quebec

REASONS BY: SUZANNE DAVID, ASSESSMENT OFFICER

DATE OF REASONS:                                                  July 24, 2003

SOLICITORS OF RECORD:

Ouellet, Nadon et Associés                                               FOR THE APPELLANT

Montréal, Quebec

Morris Rosenberg                                                              FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario