Déziel v. Canada

Déziel v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-08-20 Neutral citation 2004 FCA 276 File numbers A-715-02 Decision Content Date: 20040820 Docket: A-715-02 Citation: 2004 FCA 276 BETWEEN: ALAIN DÉZIEL Appellant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] On March 18, 2004, the Court allowed the appeal in part and awarded costs to the respondent. [2] On May 31, 2004, Ghislaine Thériault, respondent's counsel, filed her bill of costs and asked that it be assessed without personal appearance of the parties. On June 4, 2004, we sent letters to the parties setting out a schedule for filing their submissions. We received the submissions against the bill of costs from the appellant. I am now ready to proceed with the assessment. [3] In response to the appellant's submissions, I wish to make it clear that pursuant to rule 400 of the Federal Court Rules, 1998, only the Court has the power to award costs. The assessment officer cannot amend an order of the Court. The officer's role is limited to setting the amount of costs when the Court has awarded them to a party. Moreover, under rule 407 of the Federal Court Rules, 1998, party-and-party costs are assessed in accordance with Column III of Tariff B. [4] In her bill of costs, the respondent claims the following fees: - item 18 (1 unit) for the preparation of the appeal book - item 19 (7 units) for the memorandum of fact and law - item 22 (a) (2 units) for the hearing of the appeal - item 24 (5 units) for travel by counsel to attend the hearing, Québec/Montréal return - item 25 (1 unit) for services after judgment - item 26 (2 units) for the assessment of costs. [5] Items 19 (memorandum of fact and law), 25 (services after judgment) and 26 (assessment of bill of costs) are awarded as requested under rule 400(3) of the Federal Court Rules, 1998, because in my opinion these expenses are reasonable and are appropriate in the case. [6] I allow item 22(a) (hearing of the appeal) taking into account the duration of the appeal, which was 1 hour, 45 minutes. I therefore allow the 2 units claimed x 1.75 hours x $110.00 = $385.00. [7] Item 18 (preparation of appeal book) cannot be awarded since the appeal book was prepared by the appellant. [8] Furthermore, the assessment officer cannot award travel by counsel to attend the hearing (item 24) because that is at the Court's discretion. Given that the Court's judgment is silent on this point, the assessment officer must deny it. [9] The assessment of costs is therefore assessed and allowed in the amount of $1,485.00. An assessment certificate will be issued for this amount. "Diane Perrier" Assessment Officer QUÉBEC, QUEBEC August 20, 2004 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-715-02 STYLE OF CAUSE: ALAIN DÉZIEL Appellant v. HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Québec, Quebec REASONS OF DIANE PERRIER, ASSESSMENT OFFICER DATE OF REASONS: AUGUST 20, 2004 SOLICITORS OF RECORD Brouillette Charpentier Fortin FOR THE APPELLANT Montréal, Quebec Veillette et Associés FOR THE RESPONDENT Department of Justice Sainte-Foy, Quebec