Bakht v. Canada (Minister of Human Resources Development), 2004 FCA 225

Date: 20040609

Docket: A-226-01

Citation: 2004 FCA 225

BETWEEN:

Dr. Kazi K. Bakht

                                                                                                                                            Applicant

-and-

Minister of Human Resources Development, Canada

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]         This application for judicial review was dismissed with costs on June 13, 2002. Ms. Ingrid Abbott, Paralegal with the Respondent, filed the bill of costs on May 7, 2004 and requested that it be assessed without the personal appearance of parties.

[2]         The Applicant's written submissions filed in response appear to be a reiteration of his legal arguments on the merits of the case before the Court of Appeal. Dr. Bakht enclosed various excerpts from the Income Tax Act and the Tax Court of Canada Act, but these are not relevant to an assessment of costs. His main argument seems to be that he should not have to pay costs. Rule 400 (1) provides that:

"The Court shall have full discretionary power over the amount and allocation of costs and the determination of by whom they are to be paid."

The assessment officer has no discretion in this matter.

[3]        Under item 5 the Respondent claims three units for its response to a motion filed by the Applicant. The Order of the Court dated August 27, 2001 is silent as to costs; this item will therefore be deleted from the bill of costs.

[4]        Assessable services under items 2, 13, 14, 25 and 26 are presented at a medium level of units. They are allowed as requested.               

[5]        The bill of costs of the Respondent is assessed and allowed in the amounts of $1,650.00 for fees and $42.00 for disbursements. A certificate of assessment will issue in the amount of $1,692.00.

Halifax, Nova Scotia                                                                                                                                                                             

June 9, 2004                                                                                     François Pilon

Assessment Officer

                                                 FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          A-226-01

STYLE OF CAUSE:                         DR. KAZI K. BAKHT

                                                                                                                                          Applicant

                                                                         -and-

MINISTER OF HUMAN RESOURCES DEVELOPMENT, CANADA

                                                                                                                                     Respondent

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE

OF PARTIES

PLACE OF ASSESSMENT:          Halifax, Nova Scotia

ASSESSMENT OF COSTS -

REASONS BY:                                 FRANÇOIS PILON, ASSESSMENT OFFICER

DATED:                                              June 9, 2004

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General

Ottawa, Ontario                                                                                for the Respondent