Date: 20001017
Docket: T-66-86
BETWEEN:
BERTHA L'HIRONDELLE, suing on her own behalf
and on behalf of all members of the Sawridge Band
Plaintiffs
- and -
HER MAJESTY THE QUEEN
Defendant
-and-
NATIVE COUNCIL OF CANADA
NATIVE COUNCIL OF CANADA (ALBERTA) and
NON-STATUS INDIAN ASSOCIATION OF ALBERTA
Interveners
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] This is the assessment of the costs of the intervener, the non-status Indian association of Alberta, upon the dismissal of the plaintiff's motion by the Court on October 19, 1999 in the following terms:
"The motion is dismissed with costs to the interveners to be taxed including counsel's
travel and living expenses payable in any event of the cause".
[2] This is a rather complex and voluminous file with over 450 documents recorded since the filing of the statement of claim in 1986. Mr. Michael Donaldson, the solicitor for the interveners, filed his bill of costs on August 22, 2000 with the request it be assessed without the personal appearance of parties. The last date for parties to file written submissions in response to the bill of costs was October 6th 2000. To date none has been received.
[3] Counsel claims 7 units for item 5, 21 units for item 6 and 5 units for item 24. Bearing in mind the Order of the Court and the various factors provided in Rule 400(3) I think it is reasonable in the circumstances to allow them as requested. The travel and living expenses to attend the hearing of the motion in Toronto are allowed as claimed. However, the bill of costs shows an amount of $6,600.00 representing a total of thirty-three (33) units for the assessable services. The current value of each unit has been set by the Chief Justice at $100.00 per unit; this amount will therefore be reduced to $3,300.00.
[4] The interveners' bill of costs is assessed and allowed in the amounts of $3,300.00 for fees, $3,816.11 for disbursements and $498.13 for the G.S.T. A certificate of assessment will issue in the amount of $7,614.24.
Halifax, Nova Scotia
October 17, 2000 François Pilon
Assessment Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
Docket: T-66-86
BERTHA L'HIRONDELLE, suing on her own behalf
and on behalf of all members of the Sawridge Band
| Plaintiffs |
-and-
HER MAJESTY THE QUEEN
Defendant
-and-
NATIVE COUNCIL OF CANADA
NATIVE COUNCIL OF CANADA (ALBERTA) and
NON-STATUS INDIAN ASSOCIATION OF ALBERTA
Interveners
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: François Pilon, Assessment Officer
DATE OF REASONS: October 17, 2000
SOLICITORS OF RECORD:
Mrs. Catherine Twinn
Slave Lake, Alberta for the Plaintiff
Bertha L'hirondelle
Aird & Berlis
Toronto, Ontario for the Plaintiff
Bruce Starlight
Burnet Duckworth & Palmer
Calgary, Alberta for the Interveners