Date: 20030506
Docket: A-778-98
Neutral Citation: 2003 FCA 204
Between:
MICHEL COUTURE
and
MINISTER OF NATIONAL REVENUE
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Following a judgment of the Court of Appeal dated February 27, 2001, dismissing the application for judicial review, the respondent filed his bill of costs on March 7, 2003, and asked that the assessment be done in writing.
[2] The fees claimed by the respondent are as follows:
|
Item |
Services |
Units/ Column III |
Amount |
|
2 |
Preparation and filing of respondent's record |
5 |
$550.00 |
|
5 |
Preparation of response to plaintiff's motion for production of report by investigator of Minister of National Revenue (Motion #1) |
5 |
$550.00 |
|
5 |
Preparation of response to plaintiff's motion to extend time for filing plaintiff's record (Motion #2) |
5 |
$550.00 |
|
5 |
Preparation of response to plaintiff's motion for reconsideration of order made June 14, 1999 (Motion #3) |
5 |
$550.00 |
|
13 |
Preparation for hearing of February 27, 2001 |
3 |
$330.00 |
|
14 |
Per hour in Court on February 27, 2001
|
2 X 2 hrs |
$440.00 |
|
25 |
Services after judgment |
1 |
$110.00 |
|
26 |
Assessment of costs |
4 |
$440.00 |
[3] Based on the written representations of the parties, we are allowing fees in the amount of $2,310.00 for the following reasons:
- Considering the criteria set out in subsection 400(3) of the Federal Court Rules, 1998, items 2, 13(a) and 14(a) are allowed as claimed because this is reasonable compensation in this case.
- Only the fees requested under item 5 for preparation of the response to motion #3 are allowed. There is no order in the record that allows me to grant costs of the other motions to the respondent.
- It is current practice for assessment officers to allow item 25, services after judgment, without supporting evidence, because we assume that the party claiming costs has incurred some expenses following the judgment of the Court, such as communications with the client.
- 3 units are allowed under item 26 for the assessment of costs, as the proceeding was not complicated.
[4] All the disbursements incurred in this matter, except for those connected to the service of motions #1 and #2, are allowed for a total amount of $569.35, since they were established by affidavit and, according to the respondent's representations, were essential to the conduct of the litigation.
[5] The bill of costs is assessed and allowed in the amount of $2,879.35. A certificate is issued for this amount.
Signed: Michelle Lamy MICHELLE LAMY
ASSESSMENT OFFICIER
MONTRÉAL, QUEBEC
May 6, 2003
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-778-98
Between:
AND
MINISTER OF NATIONAL REVENUE
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICIER
SOLICITORS OF RECORD:
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030506
Docket: A-778-98
BETWEEN:
MICHEL COUTURE
Applicant
and
MINISTER OF NATIONAL REVENUE
Respondent
ASSESSMENT OF COSTS - REASONS