Bordage v. Regional Reception Centre at 246 Montée Gagnon, 2002 FCA 472

Date: 20021126

Docket: A-815-00

Neutral citation: 2002 FCA 472

Between:

                                                                 MARC BORDAGE

                                                                                                                                                       Appellant

and

DENIS CLOUTIER, in his capacity as director

of the Regional Reception Centre

at 246 Montée Gagnon,

Ste-Anne-des-Plaines, Québec J0N 1H0

and

RICHARD WATKINS, in his capacity as Regional Deputy Commissioner,

conducting his professional activities at 3 Place Laval,

Laval, Quebec H7N 1A2

and

THE ATTORNEY GENERAL OF CANADA

Complexe Guy-Favreau, 200 boul. René-Lévesque Ouest, Tour Est,

Montréal, Quebec H2Z 1X4

                                                                                                                                               Respondents

                                               ASSESSMENT OF COSTS _ REASONS

SUZANNE DAVID, ASSESSMENT OFFICER

[1]                 The instant case began by a notice of appeal from a Trial Division judgment. On April 16, 2002, only a few weeks before the date scheduled for hearing the case on the merits on the following May 7, a motion to dismiss the appeal was filed by the respondent on the ground that there was no further issue. In accordance with a direction by the Court, the motion was filed before the May 7 hearing and the parties had to be ready to proceed with the hearing of the appeal on the merits if necessary.

[2]                 The motion to dismiss was allowed at the hearing in accordance with the following contained in the Court judgment:

[TRANSLATION]

The motion to dismiss the appeal is allowed with costs, and the appeal is dismissed with costs.

[3]                 Counsel for the respondents filed his bill of costs on August 23 last and asked that it be assessed without a personal appearance by the parties, to which the appellant did not object, nor did the appellant file written submissions within the deadlines set by the Registry. In the circumstances, we must proceed with assessment of the costs as requested.

[4]                 The amounts claimed for fees are awarded, for items 19, $770, 21(a), $330, and 21(b), $616. On item 26 for assessment of costs, the 6 units requested are reduced to 3 as there was no opposition by the appellant. The total amount of fees is $2,046.

[5]                 The disbursements in the amount of $705.49 consist of photocopying costs and bailiff expenses. The only documentation supplied for the photocopying costs was the calculation contained in the bill of costs. Although it is possible to check the number of copies of documents in the Court record, and the number of pages, it is desirable for photocopying expenses to be supported by evidence. The amount of $0.25 a page is considered reasonable in view of precedent and practice. The amount claimed for photocopying expenses is accordingly allowed, except for the number of copies of the appearance, which is reduced to 3 (x 3 pages), for an amount of $2.25. The bailiff expenses are awarded, as they were supported by an affidavit with vouchers. The total amount of disbursements is set at $703.24.

[6]                 The respondent's bill of costs is assessed and allowed in the amount of $2,749.24. A certificate is issued for that amount.

MONTRÉAL, QUEBEC

November 26, 2002

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF CANADA

                                                                 APPEAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:                                A-815-00

BETWEEN:                                             MARC BORDAGE

and

DENIS CLOUTIER, in his capacity as director

of the Regional Reception Centre

at 246 Montée Gagnon,

Ste-Anne-des-Plaines, Québec J0N 1H0

and

RICHARD WATKINS, in his capacity as Regional Deputy Commissioner,

conducting his professional activities at 3 Place Laval,

Laval, Quebec H7N 1A2

and

THE ATTORNEY GENERAL OF CANADA

Complexe Guy-Favreau, 200 boul. René-Lévesque Ouest, Tour Est,

Montréal, Quebec H2Z 1X4

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:              Montréal, Quebec

REASONS BY:                                      SUZANNE DAVID, ASSESSMENT OFFICER

DATE OF REASONS:                          November 26, 2002

SOLICITORS OF RECORD:

Jacques Normandeau                                                           for the appellant

Montréal, Quebec

Morris Rosenberg                                                                 for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario