Federal Court Decisions

Date: 20060726

Docket: T-253-05

Citation: 2006 FC 923

Between:

9101-9380 QUÉBEC INC. (LES TABACS GALAXY)

Applicant

AND

CANADA CUSTOMS AND REVENUE AGENCY

Respondent

AND

THE ATTORNEY GENERAL OF CANADA

Intervener

AND

THE ATTORNEY GENERAL OF QUEBEC

Intervener

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               This is the assessment of costs owed to the applicant following the decision dated June 23, 2005 dismissing the application for judicial review made by the applicant.

[2]               As requested, the assessment was conducted without personal appearance of the parties. Up to now, we have not received an answer to our letter dated May 17, 2006 establishing a timetable for the presentation of written submissions.

[3]               Accordingly, fees are assessed at $5,880 for the following items of Tariff B: 2 (7 units), 8 (5 units), 9 (3 units X 2 hours), 13 (5 units), 14 (3 units X 8 hours) and 26 (32 units). The number of units requested under item 7 is refused. This item is used to compensate services rendered under sections 222 et seq. of the Rules, that is, services concerning the disclosure of documents in an action. In this case, the applicant was compensated for the preparation of its affidavit under item 2, because this is included in the record filed under section 310 of the Rules. I reduced the number of units for the assessment to 2 because the assessment was uncontested. The request made under item 27 is refused for lack of justification.

[4]               As far as the expenses incurred in this case in an amount of $1,464.60 are concerned, the evidence of which is established by affidavit, they are allowed as requested.

[5]               For these reasons, the respondent’s costs are assessed at $7,344.60. A certificate will be issued for this amount.

DATED AT MONTRÉAL, ON THE 26TH DAY OF JULY 2006

Certified true translation

Michael Palles

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

DOCKET NUMBER:                       T-253-05

Between:

9101-9380 QUÉBEC INC. (LES TABACS GALAXY)

Applicant

AND

CANADA CUSTOMS AND

REVENUE AGENCY

Respondent

AND

THE ATTORNEY GENERAL OF CANADA

Intervener

AND

THE ATTORNEY GENERAL OF QUEBEC

Intervener

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                 JULY 26, 2006

SOLICITORS OF RECORD:

Jolicoeur, Lacasse, Geoffrion, Jetté, St-Pierre

Sillery, Quebec                                                                         for the applicant

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       for the respondent