Federal Court of Appeal Decisions

Date: 20030807

Docket: A-526-00

Citation: 2003 FCA 316

Between:

CLAUDE H. SAUVAGEAU

Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

and

THE MINISTER OF FINANCE OF CANADA

Defendants

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]        This is an assessment in writing of costs owed the defendants pursuant to the judgment of April 15, 2002, dismissing the application for judicial review with costs.

[2]        In his submissions the defendant objected to the plaintiff's motion to stay the assessment pending settlement of the case before the Canadian Human Rights Commission. I consider that the defendants have been entitled to be paid their costs since the date of the Federal Court of Appeal judgment, as there is nothing in the Federal Court Act nor the Federal Court Rules (1998) which allows me to stay the execution of the order.

[3]        As the various claims are reasonable, all the fees, except for those requested under items 4, 26 and 27 of Tariff B, are allowed as such in an amount of $1,430.00. The request under item 4 for preparation of the motion is denied as the Court did not rule on the question of costs in its order of February 22, 2001. An amount of $220.00 is awarded under item 26, since this was a simple assessment with little dispute. No costs are allowed for preparation of the notice of appearance under Rule 305 as this is not covered in the Tariff. Item 27 gives the assessment officer discretion to award fees for services rendered when those are exceptional and justified. It should be borne in mind that the assessment of party-and-party costs based on the Tariff is a partial set-off.

[4]        The disbursements incurred for costs of service, photocopies and typing of transcript are allowed in the amount of $958.16, as they were proven by affidavit.

[5]        The defendants' costs are accordingly assessed in the amount of $2,388.16. A certificate is issued in that amount.

MONTRÉAL, QUEBEC

August 7, 2003

Certified true translation

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

                                                    FEDERAL COURT OF APPEAL

                                                          SOLICITORS OF RECORD

COURT FILE No.:                                                         A-526-00

Between:                                                                          CLAUDE H. SAUVAGEAU

Plaintiff

and

THE MINISTER OF NATIONAL REVENUE

and

THE MINISTER OF FINANCE OF CANADA

Defendants

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:                                        Montréal, Quebec

REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                                                  August 7, 2003

SOLICITORS OF RECORD:

Morris Rosenberg                                                              for the defendants

Deputy Attorney General of Canada

Ottawa, Ontario