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Date: 20041124

Docket: T-1262-03

Citation: 2004 FC 1651

Between:

JEAN CLAUDE PASCAL

Applicant

AND

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]        This is an assessment in writing of the respondent's costs following an order by the Court on April 13, 2004, affirming the decision of Prothonotary Richard Morneau, allowing the motion to strike the application for judicial review, with costs. The judgment of the Federal Court of Appeal on July 23, 2004, in no way alters the decisions made in the case at bar, though it terminates the appeal filed by Jean Claude Pascal in case A-257-04.


[2]        Based on the submissions of the parties, the respondent's fees are set in the amount of $660 for the following Tariff B items: item 5 (4 units), item 6 (1 unit) and item 25 (1 unit). No compensation can be awarded by an assessment officer under item 24 without an order by the Court to that effect. Further, the disbursements sought under paragraph 1(3)(b) of Tariff B are denied, as it is unlikely that the Attorney General of Canada would have to pay taxes on services rendered by counsel for the Department of Justice Canada as representing the Crown.

[3]        The respondent's costs in this case are accordingly assessed and allowed in the amount of $660. A certificate is issued for that amount.

(signed)

MICHELLE LAMY

ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

November 24, 2004

Certified true translation

K.A. Harvey


                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

COURT FILE No.:                                                     T-1262-03

Between:                                                                     JEAN CLAUDE PASCAL

Applicant

AND

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT:                                      Montréal, Quebec

REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                                                      November 24, 2004

SOLICITORS OF RECORD:

Morris Rosenberg                                                          for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario

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