Federal Court of Appeal Decisions

Date: 20050118

Docket: A-450-01

Citation: 2005 FCA 21

Between:

ROD JAZRA OP. CHECK-MATE INVESTIGATIONS

Applicant

AND

MINISTER OF NATIONAL REVENUE

Respondent

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                This application for judicial review was dismissed on October 22, 2003, with costs in favour of the respondent. At his request, the assessment proceeded on the basis of the parties' written submissions.

[2]                In light of these facts and after reviewing the proceedings in the record, in my opinion the fees claimed by the respondent are reasonable. Accordingly, the amount of $1,650 is awarded for the following items of Tariff B: item 2 (5 units), item 13(a) (3 units), item 14(a) (2 units), item 25 (1 unit) and item 26 (4 units). Not under any item, the respondent claimed the maximum number of units provided in the Tariff for services which are normally performed in this type of case.

[3]                With respect to the disbursement totalling $323.66 for photocopying, stenographer and service expenses, they are also awarded as claimed. These expenses, the evidence of which was established by affidavit, were necessary to the proper conduct of the litigation.

[4]                In his submissions, the applicant suggests that the costs should not exceed 25% of the amount payable under the judgment, i.e. $1,000. To that I respond that the role of the assessment officer, as defined in rule 2 of the Federal Court Rules, is to determine the amount of costs in accordance with rule 407. Only the Court can award a lump sum in lieu of or in addition to the assessed costs, pursuant to subsection 400(4).

[5]                The costs of the respondent are therefore assessed and allowed in the amount of $1,973.66 and a certificate is issued.