Date: 20020104
Docket: A-399-99
(T-1368-97)
Neutral Citation: 2002 FCA 2
Between:
HER MAJESTY THE QUEEN
Appellant
(defendant)
and
ANTOINE C. ZARZOUR
Respondent
(plaintiff)
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is an appeal and a cross-appeal from a judgment rendered on May 28, 1999 by a judge of the Trial Division in docket T-1368-97. At the conclusion of this judgment, Her Majesty the Queen was ordered to remove two letters from the files of Antoine Zarzour, an inmate, and to pay damages in the amount of $15,000.00 with interest and the costs of the action.
[2] On December 18, 2000 this appeal was allowed with costs, the decision of the Trial Division judge was set aside and the respondent's action was dismissed with costs. The cross-appeal was also dismissed with costs.
[3] Following that judgment, the appellant filed her bill of costs both at trial and on appeal in May 2001, and asked that they be assessed without the personal appearance of the parties. To date, no submissions have been filed by Mr. Zarzour although he was notified by a letter dated August 16, 2001 to submit his written representations in opposition to the appellant-defendant's bills of costs.
[4] Having examined the records and the evidence submitted by Her Majesty the Queen in support of her bills of costs, we award the fees and disbursements as requested, with the exception of items 26. The number of units requested under items 26 has been reduced to 2 units, as the assessment of the bills of costs was not disputed. Given that the value of the unit was readjusted by the Chief Justice on April 2001 pursuant to subsection 4(1) of Tariff B, and that the appellant filed her bills of costs after that date, we have made the adjustment in calculating the amount of the fees.
[5] Consequently, the appellant-defendant's fees are assessed and allowed in the amount of $6,238.43 for the Appeal Division and $8,693.42 for the Trial Division. A certificate shall issue in each of the divisions.
[6] A copy of these reasons shall be placed in the Trial Division docket bearing number T-1368-97.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
January 4, 2002
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20020104
Docket: A-399-99
(T-1368-97)
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
(defendant)
and
ANTOINE C. ZARZOUR
Respondent
(plaintiff)
ASSESSMENT OF COSTS - REASONS
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE NO: A-399-99 (T-1368-97)
Between:
HER MAJESTY THE QUEEN
Appellant
(defendant)
and
ANTOINE C. ZARZOUR
Respondent
(plaintiff)
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: January 4, 2002
SOLICITOR OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the appellant-defendant