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                                                                                                                                            Date: 20021030

                                                                                                                                           Docket: 01-T-28

Neutral Citation: 2002 FCT 1123

Between:

OCTAVIO EMMANUEL

Appellant

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

FRANÇOIS MARTIN, ASSESSMENT OFFICER

[1]         This assessment of costs is pursuant to the order of the Court rendered on September 21, 2001, dismissing a motion to extend the period for service and filing of an application for judicial review, with costs in favour of the respondent.

[2]         Counsel for the respondent filed his bill of costs on August 29, 2002, together with a request for a decision without personal appearance by the parties.


[3]         On September 9, 2002, a copy of the respondent's bill of costs was sent to the appellant so that it could submit written representations, but as of today it has not done so. In light of the foregoing, I am ready to assess the costs in favour of the respondent.

[4]         The fees sought are allowed except for the request under item 26 for assessment of costs. The assessment of costs is not contested, so 2 units are allowed.

[5]         The disbursements are allowed as requested.

[6]         The costs of the respondent are therefore assessed and allowed in the amount of $1,027.48. A certificate will be issued in that amount.

           "François Martin"           

Assessment officer

MONTRÉAL, QUEBEC

October 30, 2002

Certified true translation

Suzanne M. Gauthier, C.Tr., LL.L.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20021030

                       Docket: 01-T-28

BETWEEN:

OCTAVIO EMMANUEL

Appellant

and

HER MAJESTY THE QUEEN

Respondent

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ASSESSMENT OF COSTS - REASONS

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FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET NO:              01-T-28

STYLE:                          OCTAVIO EMMANUEL

and

HER MAJESTY THE QUEEN

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF FRANÇOIS MARTIN, ASSESSMENT OFFICER

DATED:                         October 30, 2002

SOLICITORS OF RECORD:

Semeniuk & Gagnon

Montréal, Quebec                                    for the appellant

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                     for the respondent

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