: 20060518
Docket: T-2291-03
Citation: 2006 FC 620
Between:
ROBERT LAVIGNE
Plaintiff
AND
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Defendant
AND
HER MAJESTY THE QUEEN
Defendant
AND
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Defendant
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On October 1, 2004, the Court dismissed the plaintiff's motion to set aside the Prothonotary's order dated May 28, 2004 striking out the plaintiff's action. The bills of costs of the defendant, Her Majesty the Queen, were presented on February 1, 2006 for assessment in writing. To date, I have not received any reply to my letter dated February 24, 2006.
[2] After reviewing the proceedings in the record, the fees are awarded in the amount of $ 4,092 for the following items of Tariff B: 5 (14 units), 6 (hearing of March 15, 2004, 3 units X 2 hrs 12 min.), 6 (hearing of September 27, 2004, 3 units X 3 hrs 30 min.), 25 (1 unit) and 26 (2 units). The defendant is compensated under items 5 and 6 for the preparation of his motion filed pursuant to Rule 221 of the Federal Courts Rules and the filing of the materials in response to the plaintiff's motion in appeal including the appearance of counsel on both motions. The claims under items 13 and 14 are refused: these items apply to the preparation and hearing of a trial, not of motions as it is the case here. I allow 1 unit under item 25. This item is designed to compensate counsel for all services rendered following final disposition of a matter and can be claimed only once by a party. I have reduced the number of units for the assessment of costs given that none of it was disputed. With respect to the disbursements incurred in this case in the amount of $ 1,794.46, they are allowed as such.
[3] The defendant's costs are taxed in the amount of $ 5,886.46. A certificate is issued for that amount.
DATED AT MONTREAL THIS 18TH DAY OF MAY, 2006.
| Signed: « Michelle Lamy » |
| MICHELLE LAMY ASSESSMENT OFFICER |
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE:
ROBERT LAVIGNE
Plaintiff
AND
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Defendant
AND
HER MAJESTY THE QUEEN
Defendant
AND
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Defendant
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: MAY 18, 2006
SOLICITORS OF RECORD :
John Sims
Deputy Attorney General of Canada
Ottawa, Ontario for the defendants, Her Majesty the Queen and Human Resources Development
Commissioner of Official Languages
Ottawa, Ontario for the defendant, The Office of the Commissioner of Official Languages