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     Date: 19971126

     File: T-116-97

Between:

     JOCELYN MICHAUD,

     Plaintiff,

     -and-

     HER MAJESTY THE QUEEN,

     Defendant.

     TAXATION OF COSTS - REASONS

MICHELLE LAMY, TAXING OFFICER:

[1]      On November 20, 1997, Sherry Rafai Far attended before me to have the defendant's costs taxed pursuant to the dismissal of the action without costs ordered by Richard Morneau, Esq., Prothonotary, on October 20, 1997. The plaintiff was not represented at the hearing.

[2]      In her bill of costs the defendant is claiming the following items of Tariff B:


Items          Taxable services                      Column III/Units

2          Preparation and filing of defence                  4

4          Motion for particulars                      2

4          Motion to dismiss the action for want of              2

         prosecution

5          Motion to dismiss the action for lack of              2

         jurisdiction

6          Appearance on motion to dismiss the action          1

         for want of prosecution

26          Taxation of costs                          2

At the hearing, Ms. Rafai Far amended her bill of costs to add the following claims:

4          Motion for leave to file an appearance              2

6          Appearance on the motion to file an              1

         appearance

[3]      All of the items requested, including the amendments, are allowed, with the exception of the services provided in preparing and filing the motions for particulars and to dismiss the action for the Court's lack of jurisdiction, as they were withdrawn by the defendant with no mention of costs. Because the hearings of the motions for leave to file an appearance and to dismiss the action for want of prosecution lasted 5 minutes each, $16.60 is allowed for item 6: 0.083 x $100.00 x 2 motions. Under Part II of the Tariff, the defendant is allowed $1,016.60 for fees.

[4]      Ms. Rafai Far also added charges of $52.64 for service of her bill of costs. That amount is in addition to the other expenses incurred, totalling $141.32 for service of various documents. Based on the evidence submitted, all of the disbursements are accepted, except those relating to service of the motions for particulars and to dismiss the action for the Court's lack of jurisdiction, for a total of $170.96.

[5]      The defendant's costs are taxed and allowed in the amount of $1,187.56. A certificate will issue for that amount.

                                         SIGNED - SIGNÉ

                                         MICHELLE LAMY

                                         MICHELLE LAMY

                                         TAXING OFFICER

MONTRÉAL, QUEBEC

November 26, 1997

Certified true translation

C. Delon, LL.L.

     FEDERAL COURT OF CANADA

     Date: 19971126

     File: T-116-97

Between:

JOCELYN MICHAUD,

     Plaintiff,

     -and-

HER MAJESTY THE QUEEN,

     Defendant.

    

     TAXATION OF COSTS - REASONS

    

     FEDERAL COURT OF CANADA

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO: T-116-97

BETWEEN:     

             JOCELYN MICHAUD,

                                 Plaintiff,

             -and-

             HER MAJESTY THE QUEEN,

                                 Defendant.

PLACE OF TAXATION:                  Montréal, Quebec

DATE OF TAXATION:                  November 20, 1997

REASONS OF THE TAXING OFFICER, M. LAMY

DATE OF REASONS FOR TAXATION:      November 26, 1997

APPEARANCES:

Sherry Rafai Far                          for the defendant

SOLICITOR OF RECORD:

Department of Justice Canada                  for the defendant

Montréal, Quebec

     FEDERAL COURT OF CANADA

     Date: 19971126

     File: T-116-97

Between:

JOCELYN MICHAUD,

     Plaintiff,

     -and-

HER MAJESTY THE QUEEN,

     Defendant.

    

     CERTIFICATE OF TAXATION

    


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