Migneault v. Charbonneau, 2004 FCA 396

Date: 20041124

Docket: A-368-02

Citation: 2004 FCA 396

Between:

JEAN-YVES MIGNEAULT

Appellant

AND

M. CHARBONNEAU

C. KENNEDY

NATIONAL PAROLE BOARD

Respondents

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]        This is an assessment in writing of the costs owed to the respondents following an order of November 22, 2002, in which the Court ordered that the amendment of the appeal book be done [TRANSLATION] "at the appellant's expense under Tariff B, that is pursuant to item 18 of the Tariff, as well as the usual photocopying costs, namely $0.40 a page".

[2]        On August 17, 2004 we sent a letter to Jean-Yves Migneault by registered mail requiring him to make written submissions in opposition to the respondents' bill of costs. The envelope was returned to us with the notation [TRANSLATION] "address unknown". In the circumstances, this bill is assessed on the basis of the documentary evidence submitted by the respondent.

[3]        The fees are allowed in the amount of $330 for services rendered under items 18 (1 unit) and 26 (2 units). I have reduced the number of units requested under item 26 to 2 units, as the assessment was unopposed. The disbursements for photocopying costs totalling $425.60 are awarded. The expenses incurred for serving the appeal book are not allowed, as their recovery is not mentioned in the order of November 22, 2002.

[4]        The respondents' costs are assessed and allowed in the amount of $755.60. A certificate is issued in that amount.

MONTRÉAL, QUEBEC

November 24, 2004

Certified true translation

K.A. Harvey

                                                  FEDERAL COURT OF APPEAL

                                                      SOLICITORS OF RECORD

COURT FILE No.:                                                     A-368-02

Between:                                                                     JEAN-YVES MIGNEAULT

Appellant

AND

M. CHARBONNEAU

C. KENNEDY

NATIONAL PAROLE BOARD

Respondents

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT:                                      Montréal, Quebec

REASONS OF: MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                                                      November 24, 2004

SOLICITORS OF RECORD:

Morris Rosenberg                                                          For the respondent

Deputy Attorney General of Canada

Ottawa, Ontario