Date: 20050317
Docket: T-147-95
BETWEEN:
DONAT FLAMAND INC.
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER - ASSESSMENT OFFICER
[1] On October 3, 2000, the Honourable Mr. Justice Blais dismissed the action, with costs to the defendant.
[2] Daniel Marecki, counsel for the defendant, filed the bill of costs on September 16, 2004, together with a request for an assessment without personal appearance by the parties.
[3] A letter setting a timetable for filing representations was sent to the parties. Since no representations have been filed to date, I will now proceed with the assessment of costs based on the documentation in the docket.
[4] All of the fees claimed are allowed, except for items 6 and 26. Item 6, which relates to the January 13, 2000 hearing of a motion to review the order dated October 29, 1999, will be refused, since Nadon J.'s order makes no mention as to costs. In accordance with a well-established rule, these costs may not be recovered unless there is an explicit order in this regard. Item 26 will be reduced from four units to two, since the assessment is uncontested.
[5] Disbursements in the amount of $10.70 are allowed, since they are reasonable and established by Mr. Marecki's affidavit.
[6] The defendant's costs are assessed at $2,980.70. A certificate of assessment in this amount will be issued.
___________________________
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
March 17, 2005
Certified true translation
Michael Palles
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-147-95
STYLE OF CAUSE: Donat Flamand Inc. v. Her Majesty the Queen
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
SOLICITORS OF RECORD:
Jules Turcotte FOR THE PLAINTIFF
Québec, Quebec
John H. Sims FOR THE DEFENDANT
Deputy Attorney General of Canada
Ottawa, Ontario