Date: 20031223
Citation: 2003 FC 1520
BETWEEN:
JOHN R. LAVOIE
Applicant
and
THE MINISTER OF THE ENVIRONMENT,
THE MINISTER OF FISHERIES AND OCEANS,
MINISTER OF INDIAN AND NORTHERN AFFAIRS,
KAGIANO POWER CORPORATION, and
OJIBWAYS OF THE PIC RIVER FIRST NATION
Respondents
ASSESSMENT OF COSTS - REASONS
ASSESSMENT OFFICER
[1] This judicial review application was dismissed on July 31, 2000 with costs awarded to the Respondents. Counsel for the Respondent, Ojibways of the Pic River First Nation (hereinafter "PRFN"), filed a bill of costs on February 17, 2003. The matter proceeded onto to appeal in court file A-611-00 wherein the appeal was dismissed with costs awarded to PRFN. PRFN submitted a Bill of Costs in that matter and the assessment of that Bill will be dealt with on that file.
[2] On April 15, 2003, the Registry advised the parties in writing that the assessment of costs in this matter would proceed by way of written submissions and a timetable was set for the parties to file such.
[3] On May 5, 2003, the Applicant's counsel served and filed a motion record containing a notice of motion for an order removing them as counsel of record. Said motion was granted on May 26, 2003. The Order included a term which identified the address and fax number for service of the Applicant.
[4] On July 25, 2003, Counsel for PRFN sent a letter to the Registry requesting that the time frame for filing submissions be extended. This request was granted. It should be noted that the Registry's letter of July 31, 2003 which provided the new timetable was sent to the Applicant at the address and fax for service identified in the Order dated May 26, 2003 as well as to the rest of the parties.
[5] PRFN's material were filed on September 2, 2003. In the affidavit material, counsel advises that an attempt to serve the Applicant by registered mail was unsuccessful as the material was returned as having been "refused by the addressee". Counsel also submitted a letter dated September 19, 2003 confirming that the materials were faxed successfully to the Applicant. It should be noted that an amended Bill of Costs was attached as Exhibit A to the affidavit of Anne Saasto sworn on August 26, 2003.
[6] On October 3, 2003, the Applicant sent a letter to the Registry informing that he had not been served with any documents by PRFN.
The Respondent's Position
[7] PRFN's counsel asserts that this was a complex file and the issues were of great importance to his client. In paragraph 24 of the affidavit of Anne Saasto sworn on August 26, 2003, reference is made to the amount incurred in solicitor and client defending the application brought by the Applicant. PRFN further states that the process was lengthened by the Applicant's unnecessary inclusion of the INAC funding as an issue and introduced new and separate issues with financial consequences for PRFN had the Applicant been successful.
[8] PRFN responded to the concern raised about the Bill having been drafted as a solicitor-client bill. It was stated that the bill as presented constitutes a modest portion of the actual solicitor-client costs.
The Applicant's Position
[9] In a letter dated October 3, 2003, the Applicant states that he has not been served with any documents by PRFN and that a further extension should not be granted to them.
Assessment
[10] Having been satisfied that PRFN served its material by registered mail and that the material was returned as "refused by addressee" and given the complexity of the issues, the PRFN 's amended Bill of Costs is allowed as presented at $25,745.10 as it is in accordance with Tariff B (column III) of the Rules.
"J. Charles"
Judith Charles
Assessment Officer
Toronto, Ontario
December 23, 2003
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1586-98
STYLE OF CAUSE: JOHN R. LAVOIE
Applicant
and
THE MINISTER OF THE ENVIRONMENT,
THE MINISTER OF FISHERIES AND OCEANS, MINISTER OF INDIAN AND NORTHERN AFFAIRS, KAGIANO POWER CORPORATION, and OJIBWAYS OF THE PIC RIVER FIRST NATION
Respondents
ASSESSMENT DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ASSESSMENT BY: JUDITH CHARLES
DATED: DECEMBER 23, 2003
WRITTEN REPRESENTATIONS BY:
John R. Lavoie FOR THE APPLICANT,
ON HIS OWN BEHALF
Robert C. Edwards FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Johne R. Lavoie
Manitowadge, Ontario FOR THE APPLICANT,
ON HIS OWN BEHALF
Edwards & Carfagnini
Barristers and Solicitors
Thunder Bay, Ontario FOR THE RESPONDENTS
FEDERAL COURT
Date: 20031223
Docket: T-1586-98
BETWEEN:
JOHN R. LAVOIE
Applicant
and
THE MINISTER OF THE ENVIRONMENT,
THE MINISTER OF FISHERIES AND OCEANS,
MINISTER OF INDIAN AND NORTHERN AFFAIRS,
KAGIANO POWER CORPORATION, and
OJIBWAYS OF THE PIC RIVER FIRST NATION
Respondents
ASSESSMENT OF COSTS - REASONS