Couture v. Canada (Minister of National Revenue), 2003 FCA 204

                                                                 Date: 20030506

                             Docket: A-778-98

                                       Neutral Citation: 2003 FCA 204

Between:

                              MICHEL COUTURE

                                                                Applicant

                                   and

                      MINISTER OF NATIONAL REVENUE

                                                               Respondent

                     ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                              Following a judgment of the Court of Appeal dated February 27, 2001, dismissing the application for judicial review, the respondent filed his bill of costs on March 7, 2003, and asked that the assessment be done in writing.

[2]                              The fees claimed by the respondent are as follows:

[3]                              Based on the written representations of the parties, we are allowing fees in the amount of $2,310.00 for the following reasons:

- Considering the criteria set out in subsection 400(3) of the Federal Court Rules, 1998, items 2, 13(a) and 14(a) are allowed as claimed because this is reasonable compensation in this case.

- Only the fees requested under item 5 for preparation of the response to motion #3 are allowed. There is no order in the record that allows me to grant costs of the other motions to the respondent.

- It is current practice for assessment officers to allow item 25, services after judgment, without supporting evidence, because we assume that the party claiming costs has incurred some expenses following the judgment of the Court, such as communications with the client.

- 3 units are allowed under item 26 for the assessment of costs, as the proceeding was not complicated.

[4]                              All the disbursements incurred in this matter, except for those connected to the service of motions #1 and #2, are allowed for a total amount of $569.35, since they were established by affidavit and, according to the respondent's representations, were essential to the conduct of the litigation.

[5]                              The bill of costs is assessed and allowed in the amount of $2,879.35. A certificate is issued for this amount.

                                                                                                           Signed: Michelle Lamy           MICHELLE LAMY

                                                                                                   ASSESSMENT OFFICIER

MONTRÉAL, QUEBEC

May 6, 2003

Certified true translation

Mary Jo Egan, LLB

                        FEDERAL COURT OF CANADA

                             APPEAL DIVISION

                          SOLICITORS OF RECORD

DOCKET:       A-778-98

Between:

                              MICHEL COUTURE

                                                                Applicant

                                   AND

                      MINISTER OF NATIONAL REVENUE

                                                               Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:      Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICIER

DATED:                                           May 6, 2003

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                  for the respondent

FEDERAL COURT OF CANADA

APPEAL DIVISION

Date: 20030506

Docket: A-778-98

BETWEEN:

MICHEL COUTURE

Applicant

and

MINISTER OF NATIONAL REVENUE

Respondent

ASSESSMENT OF COSTS - REASONS