Date: 20030707
Neutral Citation: 2003 FC 839
Between:
MARCEL MORISSETTE
and
ATTORNEY GENERAL OF CANADA
Docket: A-141-00
Between:
MARCEL MORISSETTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
FRANÇOIS MARTIN, ASSESSMENT OFFICER
[1] This is an assessment of costs following a judgment dated February 9, 2000, by Mr. Justice Pinard dismissing the applicant's application for judicial review with costs. That decision was affirmed by a judgment of the Court of Appeal dated September 9, 2002, by Messrs. Justices Desjardins, Nadon and Noël, dismissing the appeal with costs.
[2] The bills of costs were subsequently filed by the Attorney General of Canada in dockets T-72-99 and A-141-00. Those bills were filed on April 2, 2003, along with a letter requesting that a decision be made without personal appearance of the parties.
[3] Despite the schedule that was established, no representations have been submitted to date by the opposing party.
[4] With the exception of item 26 (preparation of bills of costs), the fees are allowed as claimed. Since the bills of costs were not disputed, two units will be allowed under item 26. The costs for the preparation of a response to the motion by way of supplementary affidavit (item 5) and for the appearance on the motion on January 10, 2000, (item 6) are allowed, given that Pinard J. specified in his order of January 13, 2000, that the motion was dismissed with costs.
[5] The fees requested in the Trial Division file are therefore approved in the amount of $4,592.50. The fees requested in the Appeal file are approved in the amount of $1,782.00.
[6] In my view, the disbursements are justified and are approved as requested.
[7] The costs of the Attorney General of Canada in the Trial Division file are assessed
and allowed in the amount of $5,031.66 and those in the Appeal file in the amount of $2,175.75. A certificate is issued in each file. A copy of these reasons will be placed in docket A-141-00.
Signed: "François Martin" FRANÇOIS MARTIN
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
July 7, 2003
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
SOLICITORS OF RECORD
DOCKET: T-72-99
Between:
MARCEL MORISSETTE
AND
ATTORNEY GENERAL OF CANADA
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS BY FRANÇOIS MARTIN, ASSESSMENT OFFICER
SOLICITORS OF RECORD:
Pierre A. Cloutier
Sherbrooke, Quebec for the applicant