Federal Court of Appeal Decisions

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Date: 20080304

Docket: A-658-04

Citation: 2008 FCA 83

 

BETWEEN:

MARCHAND SYNDICS INC., trustee

GEORGES E. MARCHAND, trustee

BRUNO MARCHAND, trustee

Appellants

and

SYLVIE LAPERRIÈRE

Respondent

 

 

 

ASSESSMENT OF COSTS – REASONS

 

 

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

 

“Diane Perrier”

DIANE PERRIER

ASSESSMENT OFFICER

 

 

 

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

                                                                                               

 

DATED:                                                                                 March 4, 2008

 

 

WRITTEN SUBMISSIONS:

 

Jean-Philippe Gervais

FOR THE APPELLANTS

 

Bernard Letarte

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Gervais & Gervais

Montréal, Quebec

FOR THE APPELLANTS

 

 

John H. Sims, Q.C.

Deputy Attorney General of Canada

Ottawa, Ontario

FOR THE RESPONDENT 

 

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