Federal Court of Appeal Decisions

Date: 20080131

Docket: A-264-05

Citation: 2008 FCA 41

 

BETWEEN:

SAM LÉVY & ASSOCIÉS INC.

and

SAMUEL S. LÉVY, Trustee

Appellants

 

                                                                            and

 

MARC MAYRAND

 

and

 

ATTORNEY GENERAL OF CANADA

           

Respondents

 

and

 

MICHEL LEDUC

Interested Party

 

 

ASSESSMENT OF COSTS - REASONS

 

DIANE PERRIER, ASSESSMENT OFFICER

[1]               This is an assessment of the bill of costs following a judgment rendered on May 30, 2006, by the Federal Court of Appeal, dismissing the appeal from a decision of the Federal Court with costs.

[2]        On December 20, 2006, counsel for the respondents filed their bill of costs and requested that it be assessed without appearance by the parties. On October 26, 2007, we sent letters to the parties setting out a timetable. We received the parties’ written representations. I am now ready to assess the bill of costs based on the documentation in the docket.

 

[3]        The respondents’ fees are allowed in the amount of $1,920. The assessable services are allowed as follows: item 19 – memorandum of fact and law (6 units), item 22 (a) – legal fees to first counsel on hearing of appeal for each hour (3.5 hours x 2 units), item 25 – services rendered after judgment (1 unit) and item 26 – assessment of costs (2 units).

 

[4]        The disbursements are allowed in the amount of $1,858.22. The costs of printing the statement of fact and law and the book of authorities are allowed as claimed since the evidence was provided by affidavit and the exhibits thereto. The costs of $122.87 for consulting case law data bases are allowed because these costs seem reasonable to me in the circumstances and the evidence was established by affidavit. The travel and accommodation costs are allowed in the amount of $515.08 since the respondent asked that the telephone calls made from the hotel be deducted. The cost of meals and incidental expenses are allowed as they are part of the travel expenses allocated under the Travel Directive of the Treasury Board Secretariat; these costs also seem reasonable to me in the circumstances, and the evidence was established by affidavit.

 

 

 

[5]        The respondents’ bill of costs submitted at $4,113.32 is allowed in the amount of $3,778.22. A certificate of assessment will be issued in this docket.

                                                                                                 

 

 

 

___ ____________________

                                                                                                   ASSESSMENT OFFICER  

                       

 

QUÉBEC, QUEBEC

January 31, 2008

 

 

 

Certified true translation

Mary Jo Egan, LLB

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-264-05

 

STYLE OF CAUSE:                                                              SAM LÉVY & ASSOCIÉS INC. and SAMUEL S. LÉVY, TRUSTEE and MARC MAYRAND and ATTORNEY GENERAL OF CANADA and MICHEL LEDUC

 

 

ASSESSMENT OF BILL OF COSTS WITHOUT APPEARANCE BY THE PARTIES

 

 

REASONS OF ASSESSMENT OFFICER DIANE PERRIER    

 

DATED:                                                                                 January 31, 2008

 

 

WRITTEN REPRESENTATIONS:

 

 

Jean-Philippe Gervais	FOR THE APPELLANT
Bernard Letarte	FOR THE RESPONDENTS

 

SOLICITORS OF RECORD:

 

 

Gervais & Gervais Montréal, Quebec	FOR THE APPELLANT
John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario	FOR THE RESPONDENT