Date: 20000810
Docket: A-440-97
BETWEEN:
PACK M.J. INC.
- and -
MR. JACQUES THIBAULT
- and -
MS. LUCIE FORTIN
Appellants
- and -
HER MAJESTY THE QUEEN
| Respondent |
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON, ASSESSMENT OFFICER
[1] On June 19, 2000, the respondent, represented by Louis Sébastien, filed his bill of costs following a decision rendered by the Court of Appeal on December 14, 1998, and requested that assessment proceed by way of a conference call. The notice of appointment for assessment and the bill of costs were served on Michel Pouliot, counsel for the appellants, on June 28, 2000. However, it appears that Mr. Pouliot was away from the office on August 9, 2000, and therefore did not take part in the conference call.
[2] Robert Ladouceur, who provides technical support to Mr. Sébastien during assessment, explained that the maximum of 7 and 3 units under items 19 and 22(a) respectively, was justified for the following reasons:
| (a) several different questions of law (some of which were complex) had been raised during the preparation of the memorandum of fact and law and the hearing; |
| (b) the parties had raised several arguments under the Canadian Charter of Rights and; |
| (c) the original amount claimed against the Federal Crown reached approximately $8 million. Therefore, the maximum number of units permissible under items 19 and 22(a) is allowed. |
[3] The other services and disbursements to be assessed appear reasonable under the circumstances and are allowed taking into account the factors outlined in subsection 400(3) of the Federal Court Rules.
[4] Respondent's costs are assessed and allowed in the amount of $1725 for counsel fees and $1099.57 for disbursements. A certificate will be issued for the total amount of $2824.57.
François Pilon
Halifax, Nova Scotia François Pilon
August 10, 2000 Assessment Officer
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-440-97
| BETWEEN: PACK M.J. INC., MR. JACQUES THIBAULT, |
| MS. LUCIE FORTIN |
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS VIA CONFERENCE CALL: August 9, 2000
REASONS OF F. PILON, ASSESSMENT OFFICER
PLACE OF ASSESSMENT: Halifax, Nova Scotia
DATE OF REASONS: August 10, 2000
SOLICITORS OF RECORD:
Michel Pouliot
Charlesbourg, Quebec For the Appellants
Louis Sébastien
Justice Canada
Ottawa, Ontario For the Respondent