Lepage v. Canada (Attorney General), 2004 FCA 320

Date: 20040928

Docket: A-184-03

Citation: 2004 FCA 320

BETWEEN:

                                                             JEFFREY LEPAGE

                                                                                                                                      APPLICANT

                                                                         - and-

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                 RESPONDENT

                                            ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]         This application for judicial review(as well as the five related cases - see the attached list) was dismissed on January 15, 2004, as follows:

The application for judicial review is therefore dismissed with costs. A copy of these reasons will be filed in cases A-94-03, A-182-03, A-183-03, A-185-03 and A-186-03 in support of the judgments dismissing the applications for judicial review. In these cases, the respondent will be entitled to his disbursements.

[2]         On June 3, 2004, Dominique Guimond filed a separate bill of costs with a supporting affidavit in each of the six cases and asked that they be assessed without personal appearance of the parties.

[3]         Given the absence of written submissions by the applicants, all represented by William de Merchant, we will proceed with the assessment of these six bills of costs. These reasons apply to the cases appearing on the attached list.

[4]         Mr. Guimond is entitled to ask for the maximum in fees under items 2, 13(a), 14(a) and 26. The number of related cases amply justifies the higher level.

[5]         Different disbursements for photocopying expenses and bailiff fees are claimed on each of the six bills of costs. These disbursements are proved in the affidavits supporting each bill of costs and are awarded accordingly.

[6]         The respondent's costs - in this case and in the related cases - are assessed and allowed in the amounts appearing in the certificates of assessment filed in each of these cases. Further, a copy of these reasons will be filed in the other files in lieu of the original.

Halifax, Nova Scotia

September 28, 2004                                                                                                                                                                             

François Pilon

Assessment Officer

Certified true translation

Kelley A. Harvey, BCL, LLB

                                                 FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                  A-184-03

BETWEEN:                                                JEFFREY LEPAGE

-and-

THE ATTORNEY GENERAL OF CANADA

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE

REASONS BY:                                          François Pilon, Assessment Officer

PLACE OF ASSESSMENT:                   Halifax, Nova Scotia

DATE OF REASONS:                              September 28, 2004

SOLICITORS OF RECORD:

Ouellet, Nadon & Associés

Montréal, Quebec                                                                                            For the applicant

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                                                           For the respondent