BETWEEN:
Applicant
and
and
ATTORNEY GENERAL OF CANADA
and
SYLVIE LAPERRIÈRE
Interested Party
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment in writing of the respondents’ bill of costs following an order of the Court dated May 16, 2005, dismissing the application for judicial review with costs.
[2] The following fees are allowed in the amount of $4,980 for the following items of Tariff B: 2 (5 units), 6 (1.75 hours x 2 units ÷ 2) (dockets T-75-04 and T-547-04), 13(a) (4 units ÷ 2) (dockets T‑75-04 and T-547-04), 14(a) (19.5 hours x 3 units ÷ 2) (dockets T-75-04 and T-547-04), 25 (1 unit ÷ 2) (dockets T-75-04 and T-547-04) and 26 (3 units). I allowed only 19.5 hours for item 14(a) based on the transcript for the hearing held on March 8, 9, 10 and 11, 2005. In addition, I allowed 3 units for item 26 because this item varied from 2 to 6 units and the respondents’ request appeared reasonable to me.
[3] Based on the evidence presented, the disbursements are allowed in the amount of $1,107.23. I allowed the following amounts: $280.99 for printing costs and $818.24 for travel and accommodations costs.
[4] The disbursements for the printing costs seem reasonable and are supported by the affidavit of the respondents’ counsel and the copies of the invoices.
[5] I consider the travel and accommodations expenses to be costs incurred by the respondent because for each of the two claims a cheque was issued to the respondents’ counsel. In addition, according to the caselaw in Decker v. Canada (Attorney General) (T-1124-03), the accommodations and breakfast, lunch and dinner costs, as well as the incidentals paid at the government rate, are reasonable costs. Therefore, they are allowed. However, I disallowed the $8 paid for counsel’s parking at his office because that expense represents, in my opinion, an office operating cost and not a travel cost.
[6] Under item 2 of Tariff A, the sum of $75 was claimed from the respondents for the payment of court fees for a hearing that lasted over 3 days. I think that, since the respondents had to pay this amount under Tariff A, they should be able to claim it.
[7] The bill of costs of the respondents submitted at $7,062.24 is thus assessed in the amount of $6,154.23. An assessment certificate will be issued for this amount.
QUÉBEC, QUEBEC
August 9, 2007
Certified true translation
Susan Deichert, Reviser
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-547-04
STYLE OF CAUSE: JACQUES ROY, trustee and MARC MAYRAND and ATTORNEY GENERAL OF CANADA and SYLVIE LAPERRIÈRE
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: DIANE PERRIER
SOLICITORS OF RECORD:
|
Gervais & Gervais Montréal, Quebec |
FOR THE APPLICANT |
|
John H. Sims, Q.C. Deputy Attorney General of Canada |
FOR THE RESPONDENTS |