Date: 20040715
Docket: T-2095-02
Citation: 2004 FC 990
BETWEEN:
STEVEN BOUCHER
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER - ASSESSMENT OFFICER
[1] On April 26, 2004, the Honourable Mr. Justice Blais allowed the application for judicial review with costs to the applicant.
[2] On June 3, 2004, Côme Boucher, counsel for the applicant, filed a bill of costs and asked that it be assessed without personal appearance by the parties.
[3] A letter was sent to the parties setting a schedule and the parties filed their written submissions as provided. I will now proceed to the assessment of costs.
[4] The applicant is claiming the following fees in his bill of costs:
|
Item |
Description |
Number of units |
|
1 |
Preparation and filing of originating documents |
7 |
|
7 |
Discovery of documents |
5 |
|
13 |
Counsel fees (a) Preparation for trial or hearing |
5 |
|
14 |
Counsel fees (a) to first counsel, per hour in Court (5 hours) |
15 |
|
18 |
Preparation of applicant's record |
1 |
|
19 |
Memorandum of fact and law |
7 |
|
20 |
Requisition for hearing |
1 |
|
24 |
Travel by counsel to attend a trial |
5 |
|
26 |
Preparation of assessment of costs |
6 |
Sub-total 63 units at $110.00 = $5,720.00
The applicant claims disbursements in the amount of $146.00 for the service of documents by bailiff and by facsimile, for photocopies and for the court fees for the notice of application and the requisition for a hearing.
[5] On the basis of the written submissions of the parties, we allow fees in the amount of $2,205.50 for the following reasons:
- With respect to item 1, I award 5 units, holding that this is reasonable compensation in this case.
- Item 7 can not be awarded since it applies to discovery between the parties to an action and not to a judicial review.
- Item 13, in my opinion must be awarded as requested given the criteria listed in subsection 400(3) of the Federal Court Rules, 1998.
- Item 14 (a) will be awarded in accordance with the time spent in Court, namely 2:35 hours x 3 units, i.e. 7:05.
- Items 18, 19 and 20 cannot be awarded since they apply to disputes in relation to an appeal before the Federal Court of Appeal and the assessment officer cannot substitute herself for the Court pursuant to rule 400(1).
- Item 24 which is "[t]ravel by counsel to attend a . . . hearing . . ." cannot be awarded since the order by Blais J. is silent on this point.
- 3 units are allowed under item 26 for the assessment of costs, given that it is not a complex proceeding.
- Keep in mind, however, that the unit value of Tariff B at April 1, 2004, is $110.00, following a memo from Chief Justice Richard. This Tariff can be found on the Court's website at http://www.fct-cf.gc.ca under: "Business" under the heading "Assessment of Costs".
[6] With respect to the disbursements, the registry fees are awarded as well as the bailiff bill since, in my opinion, the proof of service of the applicant's record can be found in the record. However, the disbursements claimed for service by facsimile and the photocopies cannot be assessed since they are not supported by affidavit and this proof cannot be found in the record. I therefore award $117.00 for disbursements.
[7] The applicant's costs are assessed in the amount of $2,322.50. A certificate is issued for this amount.
"Diane Perrier"
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
July 15, 2004
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2095-02
STYLE OF CAUSE: STEVEN BOUCHER
Applicant
and
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: July 15, 2004
SOLICITORS OF RECORD:
Côme Boucher
Québec, Quebec For the applicant
Morris Rosenberg
Montréal, Quebec For the respondent