Date: 20040204
Docket: T-792-00
Citation: 2004 FC 184
BETWEEN:
EXPRESS HÂVRE ST-PIERRE LTÉE
Applicant
and
DENIS LEBLANC
and
ROBERT DEBLOIS
Respondents
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER - ASSESSMENT OFFICER
[1] On November 4, 2003, Johanne Gauthier J. dismissed with costs the applicant's motion for an order extending the time to apply for a review of the order made by Simon Noël J. on September 16, 2003.
[2] On November 20, 2003, Odette Lacroix, counsel for the respondent Denis Leblanc, filed her bill of costs and asked that it be assessed without a personal appearance by the parties.
[3] A letter was sent to the parties setting a schedule and they filed their written submissions as provided. I will now proceed with the assessment of costs.
[4] The respondent claimed the sum of $1,379.05 as fees for services rendered under column III of Tariff B for item 5 (preparation of response and related documents, 6 units x $110), for item 26 (assessment of costs, 3 units x $110) and for item 28 (services by students, paralegals or law clerks - search for precedents, $240).
[5] Mr. La Forge, counsel for the applicant, maintained that in view of the amount at issue, $7,853.42, the respondent should only be entitled to 3 units for assessable services.
[6] Under Rule 407 of the FCR, 1998, the assessment officer must assess the costs in accordance with Tariff B. As I consider that what the respondent is asking is included in Tariff B both for item 5 and for item 26, and moreover that it is reasonable, I allow those two items.
[7] At the same time, the costs for services by students, paralegals or law clerks in the amount of $240 cannot be allowed since all the services provided were done by counsel and moreover assessed. However, when there happens to be a service provided by a student, this would be assessed at 50% of the amount that would be calculated for a lawyer's services.
[8] The assessable services are therefore $1,138.75 ($990 + taxes).
[9] On the disbursements in the amount of $419.93, the applicant challenged the research service costs in the amount of $151.77 and the costs of service in the amount of $102.52. The latter mentioned that it is difficult to justify these costs since service by fax is allowed under Rule 140 of the FCR, 1998, and as regards research service costs, there are only two decisions totalling seven pages.
[10] In my opinion, the service costs in the amount of $102.52 are justified since under Rule 143(b) of the FCR, 1998, any document of 20 pages or more cannot be served by fax without the recipient's consent. As the reply record was 89 pages, and as the applicant had not informed the other party of its address, it may be justified in wishing to serve the reply record by personal service. Further, I feel that the research costs in the amount of $151.77 seem reasonable to me in the circumstances. Accordingly, I allow the sum of $490.93 for disbursements.
[11] The bill of costs is accordingly assessed and allowed in the amount of $1,558.68. A certificate of assessment will be issued for that amount.
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"Diane Perrier"
Assessment Officer |
QUÉBEC, QUEBEC
February 4, 2004
Certified true translation
Suzanne M. Gauthier, C Tr, LLL
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-792-00
STYLE OF CAUSE: EXPRESS HÂVRE ST-PIERRE LTÉE
Applicant
and
DENIS LEBLANC
and
ROBERT DEBLOIS
Respondents
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS BY: DIANE PERRIER, ASSESSMENT OFFICER
DATED: February 4, 2004
SOLICITORS OF RECORD:
La Forge, Attorneys For the plaintiff
Québec, Quebec
Heenan, Blaikie, Aubut For the defendant, Denis Leblanc
Québec, Quebec