Date: 20000913
Docket: T-2037-98
BETWEEN:
RICHARD DIABO
LESLIE DIABO
BERNICE (DIABO) MONTOUR
Appellants
- and -
EILEEN (DIABO) MARQUIS
Respondent
- and -
THE MINISTER OF INDIAN AND NORTHERN AFFAIRS
Respondent
TAXATION OF COSTS - REASONS
FRANÇOIS PILON
Taxing Officer
[1] On July 24, 2000 the respondent Minister of Indian and Northern Affairs, represented by Véronique De Passillé, filed his bill of costs pursuant to the order of the Court on April 26, 1999 and asked that it be taxed via a conference call. The summons and bill of costs were served on Nader Khalil, counsel for the appellants, on August 14, 2000. However, the latter was absent from his office on September 12, 2000 and so could not participate in the conference call.
[2] Robert Ladouceur, who provided technical assistance to Ms. De Passillé during the taxation, provided explanations for the six units claimed in item 5 and the 4 units in item 26. Mr. Ladouceur stated that the very nature of the case was somewhat complex. Additionally, several counsel had worked on the case, doing exhaustive research in the Indian Act, the relevant case law and the procedure to be followed in the Federal Court. In my opinion, these arguments justify the number of six units. As to item 26, I accept the respondent's explanations regarding the amount of preparation necessary to assemble the documentation from the Department's accounting branch.
[3] As to the disbursements of $249.13, this amount represents the travel costs for a meeting with the client and with the Department's litigation section on February 23 and 24, 1999. Additionally, expenses in the amount of $227.29 were occasioned for travel by the Department's counsel to appear before the Federal Court in Montréal on April 26, 1999. These two expenditures for travel costs were supported by documentation and will be allowed as submitted.
[4] The respondent's costs are accordingly taxed and allowed in the amounts of $1,150 for fees and $631.92 for disbursements. A certificate will issue for the sum of $1,781.92.
| François Pilon Taxing Officer |
Halifax, Nova Stocia
September 13, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
RICHARD DIABO
LESLIE DIABO
BERNICE (DIABO) MONTOUR
Appellants
- and -
EILEEN (DIABO) MARQUIS
Respondent
| TAXATION OF COSTS VIA CONFERENCE CALL: September 12, 2000 |
REASONS OF FRANÇOIS PILON, Taxing Officer
| PLACE OF TAXATION: Halifax, Nova Scotia |
| DATE OF REASONS: September 13, 2000 |
APPEARANCES:
| Véronique De Passillé for the respondent |
SOLICITORS OF RECORD:
| Nader Khalil for the appellants |
| Morris Rosenberg for the respondent |
Deputy Attorney General of Canada
Ottawa, Ontario