Date:
20100712
Docket:
A-240-09
Citation: 2010 FCA 186
[ENGLISH TRANSLATION]
BETWEEN:
TRANSPORT
ROBERT (1973) LTÉE
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
ASSESSMENT
OF COSTS – REASONS
DIANE PERRIER,
ASSESSMENT OFFICER
[1]
This
is an assessment of respondent’s bill of costs following the Federal Court of
Appeal’s decision on January 27, 2017, which rendered the following judgment:
“The appeal is dismissed”. It should be noted that there is no mention of
costs. Under Rule 105 of the Federal Courts Rules, the Federal Court has the
discretionary power to consolidate two proceedings. As assessment officers are
defined in Rule 2 of the Federal Courts Rules as: “an officer of the Registry
designated by an order of the Court”, they therefore cannot assess the costs
because there is no Court judgment allowing them to do so.
[2]
Although
the respondent filed a bill of costs on May 10, 2010, and a direction was sent
to the parties setting a deadline for filing written representations, I cannot
assess the costs because the Court made no mention of costs in its judgment.
MONTRÉAL,
QUEBEC
July
12, 2010
“Diane
Perrier”
DIANE PERRIER
ASSESSMENT
OFFICER
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-240-09
STYLE OF CAUSE: TRANSPORT
ROBERT (1973) LTÉE
v. HER MAJESTY THE QUEEN
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
ASSESSMENT OF COSTS – REASONS: DIANE PERRIER
ASSESSMENT
OFFICER
DATED: July 12, 2010
SOLICITORS OF RECORD:
|
BCF LLP
Montréal, Quebec
|
FOR THE APPELLANT
|
|
Myles J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE RESPONDENT
|
Email this Content