Federal Court of Appeal |
CANADA |
Cour d’appel fédérale |
Date: 20100712
Docket: A-240-09
Citation: 2010 FCA 186
[ENGLISH TRANSLATION]
and
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of respondent’s bill of costs following the Federal Court of Appeal’s decision on January 27, 2017, which rendered the following judgment: “The appeal is dismissed”. It should be noted that there is no mention of costs. Under Rule 105 of the Federal Courts Rules, the Federal Court has the discretionary power to consolidate two proceedings. As assessment officers are defined in Rule 2 of the Federal Courts Rules as: “an officer of the Registry designated by an order of the Court”, they therefore cannot assess the costs because there is no Court judgment allowing them to do so.
[2] Although the respondent filed a bill of costs on May 10, 2010, and a direction was sent to the parties setting a deadline for filing written representations, I cannot assess the costs because the Court made no mention of costs in its judgment.
MONTRÉAL, QUEBEC
July 12, 2010
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-240-09
STYLE OF CAUSE: TRANSPORT
ROBERT (1973) LTÉE
v. HER MAJESTY THE QUEEN
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
ASSESSMENT OF COSTS – REASONS: DIANE PERRIER
ASSESSMENT OFFICER
SOLICITORS OF RECORD:
BCF LLP
|
FOR THE APPELLANT |
Myles J. Kirvan
|
FOR THE RESPONDENT |