Docket: A-264-05
Citation: 2008 FCA 41
BETWEEN:
SAM LÉVY & ASSOCIÉS INC.
and
SAMUEL S. LÉVY, Trustee
Appellants
and
MARC MAYRAND
and
ATTORNEY GENERAL OF CANADA
Respondents
and
MICHEL LEDUC
Interested Party
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of the bill of costs following a judgment rendered on May 30, 2006, by the Federal Court of Appeal, dismissing the appeal from a decision of the Federal Court with costs.
[2] On December 20, 2006, counsel for the respondents filed their bill of costs and requested that it be assessed without appearance by the parties. On October 26, 2007, we sent letters to the parties setting out a timetable. We received the parties’ written representations. I am now ready to assess the bill of costs based on the documentation in the docket.
[3] The respondents’ fees are allowed in the amount of $1,920. The assessable services are allowed as follows: item 19 – memorandum of fact and law (6 units), item 22 (a) – legal fees to first counsel on hearing of appeal for each hour (3.5 hours x 2 units), item 25 – services rendered after judgment (1 unit) and item 26 – assessment of costs (2 units).
[4] The disbursements are allowed in the amount of $1,858.22. The costs of printing the statement of fact and law and the book of authorities are allowed as claimed since the evidence was provided by affidavit and the exhibits thereto. The costs of $122.87 for consulting case law data bases are allowed because these costs seem reasonable to me in the circumstances and the evidence was established by affidavit. The travel and accommodation costs are allowed in the amount of $515.08 since the respondent asked that the telephone calls made from the hotel be deducted. The cost of meals and incidental expenses are allowed as they are part of the travel expenses allocated under the Travel Directive of the Treasury Board Secretariat; these costs also seem reasonable to me in the circumstances, and the evidence was established by affidavit.
[5] The respondents’ bill of costs submitted at $4,113.32 is allowed in the amount of $3,778.22. A certificate of assessment will be issued in this docket.
___ ____________________
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
January 31, 2008
Certified true translation
Mary Jo Egan, LLB
SOLICITORS OF RECORD
STYLE OF CAUSE: SAM LÉVY & ASSOCIÉS INC. and SAMUEL S. LÉVY, TRUSTEE and MARC MAYRAND and ATTORNEY GENERAL OF CANADA and MICHEL LEDUC
ASSESSMENT OF BILL OF COSTS WITHOUT APPEARANCE BY THE PARTIES
REASONS OF ASSESSMENT OFFICER DIANE PERRIER
WRITTEN REPRESENTATIONS:
FOR THE APPELLANT
|
|
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
Montréal, Quebec
|
FOR THE APPELLANT |
Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |