Date: 20040527
Citation: 2004 FC 777
Between:
YVON DESCÔTEAUX
AND
ATTORNEY GENERAL OF CANADA
ASSESSMENT OF COSTS -REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is an assessment in writing of the costs owing to the respondent following two orders. The first, issued by Prothonotary Morneau on December 23, 2002, dismissed the application for judicial review by the applicant, with costs in favour of the respondent. The second order, issued by the Honourable Mr. Justice Gauthier on July 23, 2003, dismissed with costs the applicant's motion for an order to quash and for review of the order dated December 23, 2002.
[2] In response to the applicant's submissions, I should point out that under rule 400 of the Federal Court Rules,1998 (hereinafter the Rules) only the Court has the power to award costs. The assessment officer cannot amend an order issued by a judge or a prothonotary. The officer's role is to set the amount of costs when the Court has awarded them to a party.
[3] In his bill of costs, the respondent requests the following fees:
- item 5 (7 units) for preparing and filing his motion dated November 7, 2002;
- item 5 (7 units) for preparing the motion record following the order by Prothonotary Richard Morneau dated December 3, 2002;
- item 5 (7 units) for the response to the notice of motion filed pursuant to rule 51;
- item 26 (6 units) for the assessment of costs.
[4] Item 5 provides for the payment of services rendered by counsel to prepare a contested motion and responses related thereto. In this context, I allow 7 units for the preparation of the motion dated November 7, 2002, including the motion record drafted in relation to this motion, especially since the order dated December 3, 2002, does not mention costs at all. I award the number of units requested under item 5 for the preparation of the response to the applicant's notice of motion under rule 51. As for the assesment of costs, in my view 3 units would be reasonable compensation in this case. The amount of fees is set at $1,870.00.
[5] With respect to the expenses incurred in this matter in the amount of $160.26 for bailiff fees and photocopies, they will be allowed as requested.
[6] To conclude, the respondent's bill of costs is assessed and allowed in the amount of $2,030.26. A certificate is issued for that amount.
Signed: "Michelle Lamy" MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
May 27, 2004
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1784-02
Between:
YVON DESCÔTEAUX
Applicant
AND
ATTORNEY GENERAL OF CANADA
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: May 27, 2004
SOLICITORS OF RECORD:
Deputy Attorney General of Canada
Ottawa, Ontario For the respondent