Federal Court Decisions

Date: 20051121

Docket: IMM-4789-03

Citation: 2005 FC 1576

Between:

SURJIT SINGH WARAICH

Applicant

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ASSESSMENT OF COSTS -REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                On September 25, 2003, the Court dismissed Mr. Stephen M. Byer's motion for leave to intervene. On July 22, 2005, the respondent filed its bill of costs and asked that it be assessed without the personal appearance of the parties. As of this date, Mr. Stephen M. Byer has not filed any representations.

[2]                Having examined the record, the respondent's fees are allowed in the amount of $880 which is a fair compensation for services rendered in this matter. Taking into account the criteria set out in subsection 400(3) of the Federal Courts Rules, I have reduced the number of units under items 5 (3 units X $120/unit), 6 (2 units X $120/unit X 1 hr 10 min) and 26 (2 units X $120/unit). Given that the value of the unit was readjusted on April 1, 2005 pursuant to subsection 4(1) of the Tariff, and that the respondent filed its bill of costs after that date, I have made the adjustment in calculating the amount of the fees.

[3]                Except for the sum of $10, the disbursements in the amount of $29.55 are allowed as claimed, since this expense should be considered as an operating expense.

[4]                The costs of respondent are assessed in the amount of $909.55. A certificate is issued for that amount.

DATED AT MONTREAL THIS 21ST DAY OF NOVEMBER, 2005.

Signed: « Michelle Lamy »

MICHELLE LAMY ASSESSMENT OFFICER

FEDERAL COURT

                                                                             

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                           IMM-4789-03

STYLE OF CAUSE:

BETWEEN:

SURJIT SINGH WARAICH

Applicant

AND

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

PLACE OF TAXATION:                   Montreal, Quebec

ASSESSMENT OF COSTS -

REASONS BY:                                   MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                      NOVEMBER 21, 2005

SOLICITORS OF RECORD :

Stephen M. Byer

Nun's Island, Quebec                                                                for the Applicant

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                        for the Respondent