Date : 20041013
Docket : A-641-02
Citation : 2004 FCA 344
BETWEEN :
Rennie E. Gould
Applicant
-and-
The Attorney General of Canada
Respondent
ASSESSMENT OF COSTS -REASONS
FRANÇOIS PILON
Assessment Officer
This application for judicial review of the decision of the Pension Appeals Board was allowed with costs. Ms. Averill J. Baker, the solicitor for the applicant, filed her bill of costs on September 1, 2004 and requested it be assessed in writing. Mr. John V. Nagy, counsel for the respondent, filed his written submissions in opposition on September 17, 2004.
[2] Mr. Nagy points out that counsel fees for a motion for leave to appeal is not available as no leave was necessary to commence judicial review proceedings and that similarly, no costs can be claimed for the preparation of an appeal book because the Rules of Court do not provide for such a step in this matter. The position of counsel for the respondent is correct on both issues and the two items will be deleted from the bill of costs.
[3] The other items submitted by Ms. Baker will be allowed as presented. The bill of costs of the applicant, presented at $2,310.00, is assessed and allowed in the amount of $1,430.00.
Halifax, Nova Scotia François Pilon
10 jjjj aa Assessment Officer
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-641-02
STYLE OF CAUSE: Rennie E. Gould
Applicant
-and-
The Attorney General of Canada
Respondent
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF ASSESSMENT: Halifax, Nova Scotia
ASSESSMENT OF COSTS -
REASONS BY: François Pilon, Assessment Officer
DATED: October 13, 2004
SOLICITORS OF RECORD:
Averill J. Baker Law Office
St. John's, NL for the Applicant
Morris Rosenberg
Deputy Attorney General
Ottawa, Ontario for the Respondent