Date: 20050719
Docket: T-1868-04
Citation: 2005 FC 1005
Between:
MARTIN SYLVESTRE
Applicant
AND
INDUSTRY CANADA
Respondent
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On January 27, 2005, the Court struck out the application for judicial review filed by the applicant, with costs. The assessment of the respondent's bill of costs proceeded on the basis of the written submissions of the parties.
[2] In response to the applicant's submissions filed on June 13, 2005, the respondent informed us in a letter dated June 21 that she did not intend to submit any comments.
[3] In light of the foregoing, the respondent's fees are set at $840.00 for items 5 (5 units X $120/unit) and 26 (2 units X $120/unit). I reduced the number of units for the preparation of the motion record because the respondent had not provided any explanation to justify awarding the maximum units provided for that service at item 5 of Tariff B. I award 2 units for the assessment of costs since this was a very simple matter.
[4] The disbursements of $285.47 incurred for photocopies ($102) and bailiff fees ($183.47) are allowed as claimed. The evidence established that they were incurred in the context of this proceeding.
[5] The respondent's costs are therefore assessed and allowed in the amount of $1,125.47. A certificate is issued for that amount.
DATED AT MONTRÉAL, THE 19TH DAY OF JULY 2005
| Signed: "Michelle Lamy" |
| MICHELLE LAMY ASSESSEMENT OFFICER |
Certified true translation
Kelley A. Harvey, BCL, LLB
SOLICITORS OF RECORD
Between:
MARTIN SYLVESTRE
AND
INDUSTRY CANADA
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: July 19, 2005
SOLICITORS OF RECORD:
Deputy Attorney General of Canada
Ottawa, Ontario For the respondent