Date: 20040302
Docket: A-224-01
Citation: 2004 FCA 86
Between
CARGILL LIMITÉE
Applicant
and
SYNDICAT NATIONAL DES EMPLOYÉS
DE CARGILL LIMITÉE (CSN)
Respondent
ASSESSMENT OF COSTS - REASONS
SUZANNE DAVID, ASSESSMENT OFFICER
[1] At the conclusion of a judgment dated June 20, 2002, the Federal Court of Appeal allowed with costs the application for judicial review in this case. The applicant filed its bill of costs on August 12, 2003, and asked that the assessment proceed without personal appearance of the parties. Following written submissions by the respondent, an amended bill of costs was filed on the following October 1, followed by additional written submissions by the respondent.
[2] The fees requested by the applicant under Column III of Tariff B are as follows:
Item Assessable services
1 Preparation and filing of originating documents, other than a notice of appeal to the Court of Appeal, and application records (6 units)
The respondent argues that 4 units would be sufficient since the case did not involve any particular difficulties - a number of units that is considered reasonable and will be allowed (4 x $110 = $440)
3 Amendment of documents, where the amendment is necessitated by a new or amended originating document, pleading, notice or affidavit of another party (2 units)
The 4 units claimed initially were reduced to 2 in the amended bill of costs, following the objections by the respondent that the change in designation of the parties fell within the responsibility of the applicant. The two (2) units requested will be allowed (2 x $110 = $220)
Items 19 and 20
19 Memorandum of fact and law (6 units)
20 Requisition for hearing (1 unit)
These items cannot be allowed since they apply exclusive to appeals to the Court of Appeal, as provided in heading F of Tariff B.
22(a) Counsel fee on hearing of appeal (3 units)
It is item 14(a) that applies here, in the case of a notice of application, and not item 22(a), which applies to an appeal to the Court of Appeal.
Contrary to items 19 and 20 above, there is clearly an equivalent item for counsel fees at trial and the applicant is entitled to claim it. Furthermore, the number of units provided in Tariff B under column III is the same for items 14(a) and 22(a). On the basis of the discretionary authority given to us by rule 400(3), we will therefore consider the amount claimed in this item. According to the abstract of hearing, dated June 19, 2002, which appears in the Court file, the hearing lasted two hours and 45 minutes. The 3 units requested are allowed, in the total amount of $907.50 (3 x $110 x 2.75 hours).
[3] Adding to these amounts the legal fees of $50, the total amount of the assessable services comes to $1,860.53 ($1,617.50 + taxes).
Disbursements
[4] The disbursements claimed are supported by documentation and listed in the affidavit of the applicant's counsel. They consist of:
- costs of photocopies of an affidavit (637 pages) and of the applicant's record (1,119 pages), both claimed in seven (7) copies.
As provided in rule 309(1)(ii) of the Federal Court Rules, 1998, the applicant is entitled to claim seven (7) copies of his record (5 for the Court and 1 for each party). However, in respect of the affidavit, as provided in rule 306, only four (4) copies are required, two for the Court file and one copy for each of the two parties. The applicant claims 0.25 ¢ per page for photocopies, which is considered reasonable in light of the decision in Moloney v. Canada, (1989) 1 C.T.C. 213. The filing of these documents is covered in the Rules and the number of pages is consistent with the Court file, so the photocopy costs will be allowed in the total amount of $2,595.25.
- costs of faxes ($92), binding of the applicant's record ($203), research (Inet and Quicklaw) ($199) and bailiffs' fees ($353.98). These disbursements are not disputed, except for an amount for bailiffs' fees added to the amended bill of costs without a supporting invoice, a bill that was submitted in the interval. In view of the foregoing and the volume of documents, these disbursements are considered reasonable and will be allowed. The taxes claimed in this connection are not allowed, as they are considered to be included in the amount claimed in most cases, or already included in the calculation of the amount that was invoiced, as is the case for the bailiffs' fees.
[5] This brings the total amount of the disbursements to $3,443.23.
[6] In conclusion, the bill of costs filed by the applicant in the amount of $6,787.60 is assessed and allowed in the amount of $5,303.76. A certificate of assessment will be issued for that amount.
"Suzanne David"
Assessment Officer
MONTRÉAL, QUEBEC
March 2, 2004
Certified true translation
Suzanne Gauthier, C.Tr., LL.L.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-224-01
Between:
CARGILL LIMITÉE
Applicant
and
SYNDICAT NATIONAL DES EMPLOYÉS
DE CARGILL LIMITÉE (CSN)
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF SUZANNE DAVID, ASSESSMENT OFFICER
DATED: March 2, 2004
SOLICITORS OF RECORD:
Stikeman Elliott for the applicant
Montréal, Quebec
Laplante & Associés for the respondent
Montréal, Quebec