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                                                                                                                                  Date: 20000613

                                                                                                                               Docket: A-316-94

BETWEEN:

CAISSE POPULAIRE DAVELUYVILLE

(ARO (1984) INC.)

Appellant

AND

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

JOHANNE PARENT, ASSESSMENT OFFICER

[1]         The hearing of this assessment was held by conference call on May 31, 2000. Mr. Archambault represented the respondent, accompanied by Mr. Ladouceur, and Mr. Lafleur, the appellant.

[2]         The assessment of the respondent's bill of costs follows the judgment of the Court (Décary, Létourneau and Chevalier JJ.A.) rendered on October 29, 1998 dismissing the appeal with costs.

[3]         Under the criteria set out in rules 409 and 400(3) of the Federal Court Rules, 1998 and the evidence in the record, the amounts claimed under Tariff B are broken down as follows.

[4]         The amounts claimed in items 19, 22a and 25 are allowed as requested.


[5]         At the request of the respondent during the hearing, the number of units claimed in item 26 is reduced to 3 and is allowed accordingly.

[6]         As to disbursements, the Goods and Services Tax of 7% is calculated on the total of the assessable services and is therefore reduced accordingly to $98.00. For the miscellaneous disbursements (faxes, photocopies, couriers and long-distance calls), there is no uncontested evidence in the record that the costs thereby claimed were actually incurred. Consequently, and for the reasons previously cited in Hunter Eagle Bell v. Minister of Indian and Northern Affairs (A-806-95), no amount will be allowed for the disbursements under this head. The printing costs are allowed as requested. The travel costs ($207.25) of counsel for the respondent, incurred in order to attend the hearing of October 27, 1998 in Montréal, are allowed as requested. Mr. Lafleur's objection on this point is that these costs could have been avoided by the respondent if a solicitor from their Montréal office had been mandated. However, I subscribe to the respondent's thesis instead. Indeed, the travel costs would certainly have been less expensive if the services of a Montréal lawyer had been used. However, the case both at trial and on appeal had been dealt with by the counsel in the Ottawa office, and it would certainly have been more expensive to consider the time needed for another lawyer to familiarize himself with this case before a hearing on the merits.


[7]         The bill of costs is allowed in the amount of $1,755.63. A certificate shall issue for that amount.

                       (Johanne Parent)

               ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

June 13, 2000

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


               FEDERAL COURT OF APPEAL

Date: 20000613

                                                       Docket: A-316-94

Between:

CAISSE POPULAIRE DAVELUYVILLE

(ARO (1984) INC.)

Appellant

- and -

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS


FEDERAL COURT OF CANADA

APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:                                A-316-94

BETWEEN:                           

CAISSE POPULAIRE DAVELUYVILLE

(ARO (1984) INC.)

Appellant

- and -

HER MAJESTY THE QUEEN

Respondent

PLACE OF ASSESSMENT: Montréal, Quebec

DATE OF ASSESSMENT:                 May 31, 2000

REASONS OF J. PARENT, ASSESSMENT OFFICER

DATE OF REASONS:                       June 13, 2000

APPEARANCES:

Francis Archambault                                                                  for the respondent

Dominique Lafleur                                                                     for the appellant

SOLICITORS OF RECORD:

Heenan, Blaikie

Montréal, Quebec                                                                     for the appellant

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                                        for the respondent

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