Canada (Citizenship and Immigration) v. Houchaine

Canada (Citizenship and Immigration) v. Houchaine

Because the Plaintiff provided an unchallenged affidavit describing the work done and fees charged and no evidence or argument demonstrated that the fees were unnecessary or unreasonable, the assessment officer allowed the Plaintiff's Bill of Costs in full and the supplementary bill, awarded post-judgment interest under s.37 of the Federal Courts Act, and ordered a Certificate of Costs to be issued.

Citation
2014 FC 653
Parties
Plaintiff/defendant by Counterclaim: The Minister of Citizenship and Immigration; Defendant/plaintiff by Counterclaim: Houchaine, Boutros Naim; Defendant/plaintiff by Counterclaim: El-Skayer, Jacqueline Mousa; Defendant/plaintiff by Counterclaim: Hochaime, Lynn Boutros; Defendant/plaintiff by Counterclaim: Hochaime, Jennifer Boutros
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 July 2014
Procedural Posture
Citizenship Revocation Proceeding Under the Citizenship Act / Post Judgment Assessment of Costs
Outcome
Plaintiff's Bill of Costs allowed in full; supplementary Bill of Costs allowed; post-judgment interest awarded; Certificate of Costs to be issued.
Legal Topics
Solicitor and Client Costs, Assessment of Costs, Solicitor Client Privilege, Proportionality in Costs
Source Language
English
Immigration and Citizenship Law Administrative Law Costs Law Solicitor and Client Costs Assessment of Costs Solicitor Client Privilege Proportionality in Costs

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Parties

The Minister of Citizenship and Immigration

Plaintiff/defendant by Counterclaim

Houchaine, Boutros Naim

Defendant/plaintiff by Counterclaim

El-Skayer, Jacqueline Mousa

Defendant/plaintiff by Counterclaim

Hochaime, Lynn Boutros

Defendant/plaintiff by Counterclaim

Hochaime, Jennifer Boutros

Defendant/plaintiff by Counterclaim

Procedural Posture

Citizenship Revocation Proceeding Under the Citizenship Act / Post Judgment Assessment of Costs

Legal Issues

  1. 1 Whether the solicitor-client privilege shields disclosure of hourly rates and hours claimed on assessment
  2. 2 Whether the fees claimed were reasonable and reasonably necessary for the litigation such that solicitor-and-client costs should be allowed in full
  3. 3 Whether principles of proportionality required reduction of the claimed costs

Ratio Decidendi

Because the Plaintiff provided an unchallenged affidavit describing the work done and fees charged and no evidence or argument demonstrated that the fees were unnecessary or unreasonable, the assessment officer allowed the Plaintiff's Bill of Costs in full and the supplementary bill, awarded post-judgment interest under s.37 of the Federal Courts Act, and ordered a Certificate of Costs to be issued.

Court Disposition

Plaintiff's Bill of Costs allowed in full; supplementary Bill of Costs allowed; post-judgment interest awarded; Certificate of Costs to be issued.

Orders

  • Bill of Costs allowed in the amount of $62,625.35 CAD
  • Supplementary Bill of Costs allowed in the amount of $817.13 CAD