Date: 20040920
Docket: T-1129-03
Citation: 2004 FC 1283
BETWEEN:
Dr. Noel Ayangma
Plaintiff
-and-
Her Majesty the Queen
Defendant
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] The defendant's motion for security for costs was allowed with costs on August 29, 2003. The plaintiff was ordered to provide security for costs in the amount of $1,300.00 by September 30, 2003. The plaintiff has failed to do so. The plaintiff was also ordered to pay an additional amount of $3,000.00 as security for costs after the delivery to him of the defendant's affidavit of documents.
[2] The defendant was not required to file Her defence until thirty days after the plaintiff had provided the security referred to above. As no further steps have been taken by the plaintiff in this action the Court issued a Notice of Status Review on August 23, 2004 giving the plaintiff until September 27, 2004 to show cause by written submissions why this action should not be dismissed for delay. Submissions were filed by Dr. Ayangma on September 16, 2004.
[3] The Order of the Court granting costs of the defendant's motion did not specify that the costs be recovered forthwith. In the circumstances of this case I think it is preferable to await the final disposition of the action to proceed with the recovery of the defendant's costs.
Halifax, Nova Scotia
September 20, 2004
François Pilon
Assessment Officer
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: T-1129-03
STYLE OF CAUSE: Dr. Noel Ayangma
Plaintiff
-and-
Her Majesty the Queen
Defendant
PLACE OF ASSESSMENT: Halifax, NS
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF ASSESMENT: Halifax, Nova Scotia
ASSESSMENT OF COSTS -
REASONS - BY: François Pilon, Assessment Officer
DATED: September 20, 2004
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General
Ottawa, Ontario for the Respondent