Date: 20020910
Neutral
Citation: 2002FCA317
Docket:
A-651-99
BETWEEN:
KASSONGO
TUNDA (Alias Kizuzi Dibayula)
Appellant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ASSESSMENT
OF COSTS - REASONS
DIANE
PERRIER, ASSESSMENT OFFICER
[1] This assessment concerns an appeal from a
judgment by the Honourable Mr. Justice Teitelbaum of the Trial Division dated
June 11, 1999, in file IMM-980-97. The judgment dismissed the application for
judicial review, without costs.
[2] On May 14, 2001, the appeal was dismissed
with costs.
[3] Following that judgment, the respondent filed
her bill of costs and asked that it be taxed without personal appearance by the
parties. To that end, on July 23, 2002, by registered mail, we invited counsel
for the parties to file and serve their written representations. Because our
written request addressed to Mr. Lebrun, counsel for the appellant, was
returned to our office with the notation “moved/unknown”, we reiterated our
request to the parties themselves on July 30, 2002. Since no representations
have been received as of today, the bill of costs is accordingly assesed as
submitted.
[4] In her bill of costs, the respondent is
claiming the amount of $2,282.40 for services rendered under column III of
Tariff B for items #19 (7 units), 22 (3.25 hours, 3 units), and 26 (4 units).
With the exeption of items #22 and 26, the number of units requested is
allowed.
[5] Item 22 is allowed except that the hearing on
May 14, 2001, lasted from 10:05 to 12:12, which is 2 hours 7 minutes and not 3
hours 15 minutes, as stated in the bill of costs. Therefore the costs are 2.12
hours X 3 units X $110 = $699.60.
[6] Since the bill of costs was not disputed, I
am allowing two units for item 26 of the Tariff.
[7] The disbursements of the defendant in the
amount of $704.40 are allowed, with the exception of preparation of the
transcript of the hearing on May 17, 1999, in file IMM‑980‑97, in
the amount of $139.80. In principle, no record is required at a judicial
review. However, the court retained the services of a court stenographer at
the hearing, but the transcript is not part of the appeal record. It is
therefore an expense incurred voluntarily by the respondent and accordingly
cannot be allowed.
[8] Accordingly, the costs of the defendant are
assessed and allowed in the amount of $2254.20. A certificate will issue in
that amount.
___________________________
Diane Perrier
Assessment Officer
Québec, Quebec
September 10, 2002
Certified true translation
Mary Jo Egan, LLB
FEDERAL
COURT OF CANADA
APPEAL
DIVISION
SOLICITORS
OF RECORD
DOCKET: A-651-99
Between:
KASSONGO TUNDA (Alias Kizuzi Dibayula)
Appellant
and
MINISTER
OF CITIZENSHIP
AND IMMIGRATION
Respondent
ASSESSMENT OF
COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec,
Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: September 10, 2002
SOLICITORS
OF RECORD:
Dominique Guimond
Quebec Regional
Office
Montréal, Quebec for
the respondent
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020910
Docket: A-651-99
Between
KASSONGO
TUNDA (Alias Kizuzi Dibayula)
Appellant
and
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ASSESSMENT OF COSTS - REASONS
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