MARCHAND SYNDICS INC., trustee
GEORGES E. MARCHAND, trustee
BRUNO MARCHAND, trustee
and
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is the assessment of the respondent’s bill of costs pursuant to the Federal Court of Appeal judgment dated November 10, 2006, dismissing the appeal of a Federal Court decision with costs under Column V of Tariff B.
[2] On December 20, 2006, the respondent filed her bill of costs and requested that it be taxed without personal appearance. On October 26, 2007, letters were sent to the parties setting out a timetable. We received the parties’ representations. I am now ready to assess the costs based on the documentation in the docket.
[3] The fees are allowed in the amount of $3,600. The fees are allowed as follows: item 19 – memorandum of fact and law (10 units), item 22(a) – counsel fee on hearing of appeal to first counsel, per hour (3.5 hours x 4 units), item 25 – services after judgment (1 unit) and item 26 – assessment of costs (5 units). Pursuant to the respondent’s request in her representations and based on the transcript of the hearing, I adjusted the length of the appeal hearing to 3.5 hours.
[4] On the other hand, all the expenses incurred in this matter are allowed in the amount of $561.35 since they were established by affidavit and not challenged.
[5] In conclusion, the respondent’s costs are assessed and allowed at $4,161.35. A certificate of assessment is issued for this amount.
QUÉBEC, QUEBEC, March 4, 2008
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-658-04
STYLE OF CAUSE: MARCHAND SYNDICS INC., trustee and GEORGES E. MARCHAND, trustee and BRUNO MARCHAND, trustee v. SYLVIE LAPERRIÈRE
ASSESSMENT OF BILL OF COSTS WITHOUT APPEARANCE BY THE PARTIES
REASONS BY DIANE PERRIER, ASSESSMENT OFFICER
WRITTEN SUBMISSIONS:
FOR THE APPELLANTS
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FOR THE RESPONDENT |
SOLICITORS OF RECORD:
Montréal, Quebec |
FOR THE APPELLANTS
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Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |