Date: 20020711
Docket: T-56-01
Neutral Citation: 2002 FCT 774
BETWEEN:
HUMBER ENVIRONMENTAL ACTION GROUP
Applicant
- and -
THE MINISTER OF FISHERIES AND OCEANS
Respondent
-and-
CORNER BROOK PULP AND PAPER LIMITED
Intervenor
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
This application for judicial review was dismissed with costs to the respondent and to the intervenor on April 12, 2002. The intervenor's bill of costs was filed by Mr. James L. Thistle, Q.C. on June 17, 2002 with the request it be assessed without the personal appearance of parties.
[2] Ms. Shelly A. Senior, counsel for the applicant was given until June 28, 2002 to serve and file written representations. To date none has been received. The assessment will proceed on the basis of the documentation on file.
[3] Mr. Thistle requests 7 units under item 5 for the preparation of a Notice of Motion for leave to intervene which was granted by the Order of the Court dated April 18, 2002. However, the Order is silent as to costs. It is a well established principle that these costs cannot be recovered unless specifically ordered by the Court. This item will therefore be disallowed.
[4] An amount of $825.00 is claimed under item 6 for counsel's appearance at the hearing of the above-mentioned Notice of Motion. This item will be refused for the same reasons as noted above.
[5] Counsel fees in the amount of $2,475.00 (3 units x 7.5 hours x $110.00 per hour) are claimed for the purpose of travelling from St. John's to Corner Brook to meet with witnesses and prepare the affidavit evidence. Item 24 states that this fee may be allowed "at the discretion of the Court". In the Order and Reasons for Order dismissing the application for judicial review there is no specific mention of costs to be allowed under this item. It must therefore be refused.
[6] Claims under items 13, 14 and 25 are allowed as submitted. The intervenor claims 7 units for the preparation and filing of written arguments under item 15. This will be allowed when it is either requested or permitted by the Court. In my opinion paragraph 1 (d) (iii) of the Order rendered on April 18, 2002 is sufficient authority to grant this item of cost.
[7] Six (6) units are sought for the assessment of costs. In my view it should be reduced to 3 units. The assessment did not require the personal appearance of parties and the applicant did not file written submissions in response to the bill of costs. The only material filed by Mr. Thistle is a bill of costs with a covering letter. In the circumstances I think allowing 3 units is fair compensation.
[8] Disbursements are asked in the amount of $551.45 for return air fare from St. John's to Corner Brook to meet with witnesses. Although these expenses are not supported by affidavit evidence they will be allowed as they appear reasonable.
[9] The intervenor's bill of costs, presented at $7,206.45 is assessed and allowed in the amount of $2,806.45. A certificate of assessment will issue in that amount.
Halifax, Nova Scotia
July 11, 2002 François Pilon
Assessment Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO. T-56-01
BETWEEN:
HUMBER ENVIRONMENTAL ACTION GROUP
Applicant
-and-
THE MINISTER OF FISHERIES AND OCEANS
Respondent
-and-
CORNER BROOK PULP AND PAPER LIMITED
Intervenor
ASSESSMENT IN WRITING WITHOUT THE PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS - REASONS BY: François Pilon, Assessment Officer
DATE OF REASONS: July 11, 2002
SOLICITORS OF RECORD:
Shelley A. Senior
Corner Brook, Newfounland and Labrador For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada, Ottawa, ON For the Respondent
McInnes Cooper
St. John's, Newfounland and Labrador For the Intervenor