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Date: 101205

Docket: T-863-04

Citation: 2005 FC 1394

BETWEEN:

MR. RICHARD PEARMAN

                                                                                                                                              Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

ASSESSMENT OF COSTS - REASONS

Willa Doyle

Assessment Officer

[1]                 The plaintiff's statement of claim filed on May 4, 2004 was struck in its entirety with costs to the defendant by Order of the Court July 6, 2004.

[2]                 Ms. Darlene Lamey, counsel for the defendant, filed her bill of costs July 8, 2005.      

[3]                 July 11, 2005 Ms. Lamey confirmed the disposition of the assessment was to be in writing - without the personal appearance of the parties.

[4]                 A timetable for written submissions and supporting material was issued.

[5]         Prior to beginning the assessment of the bill of costs, I draw counsel's attention to    

            the March 28, 2005 memorandum from the Honourable Chief Justice Richard and    the Honourable Chief Justice Lutfy in regard to the unit value of Federal Courts             Rules Tariff Beffective April 1, 2005. It is reproduced here for ease of reference:

            FROM:    Chief Justice Richard

                             Chief Justice Lutfy

DATE:     March 28, 2005

            RE:           Tariff B - Unit Value

In accordance with Section 4 of Tariff B, we have caused the unit value of the Tariff to be calculated as follows:

CPI (2004) = 125.4 x 100 = 122.10

            CPI (1994)     102.7

                        The result of the calculation is greater than 120 but less than 130;                                 therefore, the unit value of the Tariff effective April 1, 2005 will be 120.

[6]         Since the unit value of the tariff effective April 1, 2005 was established at 120, the     amounts in the bill of costs will be adjusted accordingly from 110 to 120 per unit.

[7]        The plaintiff did not file any materials in response to the defendant's material.

            I examined each item claimed in the defendants' bill of costs to ensure that they         were within the guidelines provided in the Federal Courts Rules Tariff B.

[8]         Item 5 - Preparation and filing of a contested motion, including materials and            responses thereto. The defendant is claiming four units for this item. However,    upon my examination of the summary of recorded entries for this file there does not       appear to be any related materials filed by the plaintiff. In view of this, it would appear that the motion was uncontested. I therefore allow zero units for this item.

           

[9]         Item 26 - Assessment of costs.    In regard to item 26 the range for this item is two - six. The respondent is requesting two units. I allow the two units.

[10]      Disbursements are awarded in the amount of $114.52 as they were established by Amy Secord's affidavit and the attached exhibits.

[11]       The bill of costs presented at $774.52 is accordingly assessed and allowed in the amount of $ 354.52. A certificate is issued in this Federal Court proceeding for $354.52.

             

Willa Doyle   

Assessment Officer

Fredericton, New Brunswick

October 12, 2005


FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-863-04                                            

STYLE OF CAUSE:                                     Mr. Richard Pearman

-           and-

Her Majesty the Queen

                                                           

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

ASSESSMENT OF COSTS -                    

REASONS BY:                                 Willa Doyle, Assessment Officer

                                                                                   

DATED:                                              October 12, 2005

SOLICITORS OF RECORD:

                                                            FOR THE PLAINTIFF                                 

Darlene Lamey

Justice Canada                                FOR THE DEFENDANT

Halifax, NS

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