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Date: 20000725


Docket: A-19-94



BETWEEN:

     McEWEN BROTHERS

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     Respondent


     ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON



[1]          This appeal was dismissed with costs on May 30, 1999. The respondent, represented by Ms. Roseline O'Brien filed a bill of costs on March 30, 2000 and requested that the assessment proceed in writing. Letters to parties were sent on April 19, 2000 inviting written submissions by June 2, 2000. Since then, Ms. O"Brien has requested several delays on the basis that she expected payment of her costs by the appellant. However the appellant has failed to file any material in reply to the service of the bill of costs.

[2]      On June 20, 2000 Ms. O'Brien advised she was retiring and that Ms. Julie Chalmers would have conduct of the matter. Ms. Chalmers requested additional time to contact the appellant's lawyer regarding the payment of her client's costs. Finally on July 20, 2000 counsel asked the undersigned to proceed with the assessment of costs.

[3]      Having considered the various factors provided by Rule 400(3) I will allow the fees and disbursements as requested in the bill of costs because they appear to be reasonable in the circumstances.

[4]      The respondent's bill of costs is taxed and allowed in the amount of $2,200.00 for fees and $12.00 for disbursements. A certificate of assessment will issue in the total amount of $2,212.00.


                            

Halifax, Nova Scotia                      François Pilon

July 25, 2000.                          Assessment Officer


     FEDERAL COURT OF APPEAL

    

     Docket: A-19-94

     McEWEN BROTHERS

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     Respondent



ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

            


REASONS BY: F. Pilon, Assessment Officer

DATE OF REASONS: July 25, 2000


APPEARANCES:

Joel Weinstein, Q.C.      for Appellant

Julie Chalmers      for Respondent

SOLICITORS OF RECORD:

Aikins, MacAulay & Thorvaldson

Winnipeg, Manitoba      for the Appellant

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario      for the Respondent

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