Date: 20030603
Docket: A-662-00
Neutral Citation: 2003FCA247
BETWEEN:
MICHEL BLAIS
Applicant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] On February 27, 2002, Desjardins, Décary and Noël JJ.A. dismissed the application for judicial review with costs.
[2] On April 16, 2003, Michel Lamarre, counsel for the respondent, filed a bill of costs and asked that it be assessed without personal appearance of the parties. On April 29, 2003, we sent letters to the parties setting out a schedule for filing their written representations.
[3] On May 8, 2003, we received a notice of stay of proceedings under section 69 of the Bankruptcy and Insolvency Act. I wondered whether the assessment could take place. Since the assessment is a quantification of costs that the Court awarded to the respondent, I may proceed with the assessment (see T-884-96 Hasmig Possian v. Canadian Olympic Association et al, Peter Pace, Assessment Officer).
[4] No written representations were filed by the applicant within the deadline set out by the Registry. Although Mr. Blais is representing himself, the case law is clear as to the duty of neutrality of an assessment officer. In addition, rule 122 of the Federal Court Rules, 1998 states: :
. . . a party not represented by a solicitor . . . shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.
[5] I verified that the applicant had received the letter from the Registry informing him of this assessment. In the circumstances, I must proceed to assess the costs, taking into account the costs authorized by the order of the Court and the Federal Court Rules, 1998, and the documentation submitted in support of the disbursements claimed.
[6] The items claimed are considered reasonable and are allowed with the exception of items 26 and 27 for assessment of costs. Item 26 is reduced to two units because no dispute was filed. Item 27 cannot be allowed because there is no sum allowed for the appearance in this matter.
[7] Disbursements in the amount of $255.26 are allowed because they are reasonable and established by the affidavit of Michel Lamarre.
[8] The bill of costs is therefore assessed and allowed in the amount of $1,515.26. A certificate of assessment will be issued in that amount.
__________________________
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
June 3, 2003
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-662-00
BETWEEN:
MICHEL BLAIS
Applicant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATED: June 3, 2003
SOLICITORS OF RECORD:
Michel Blais / for himself
Québec, Quebec
Department of Justice - Canada / for the respondent
Montréal, Quebec
Email this Content