Frève v. Canada (Attorney General)
Because the respondent did not contest the bill and the items claimed corresponded to Tariff B subject to an appropriate reduction in units, the Assessment Officer allowed fees totalling $2,354.00 and disbursements of $1,245.25, for a total award of $3,608.25 and issued a certificate for that amount.
Source-derived case information.
- Citation
- 2005 FCA 255
- Parties
- Applicant: Andrew Frève; Respondent: Attorney General of Canada (Agriculture and Agri-Food Canada)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 July 2005
- Procedural Posture
- Application for Judicial Review (costs Assessment) / Assessment of Costs Following Dismissal of Application
- Outcome
- Respondent's costs assessed and allowed
- Legal Topics
- Assessment of Costs, Tariff B, Photocopy and Service Fee Allowances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Frève
Applicant
Attorney General of Canada (Agriculture and Agri-Food Canada)
Respondent
Procedural Posture
Application for Judicial Review (costs Assessment) / Assessment of Costs Following Dismissal of Application
Legal Issues
- 1 Whether the respondent is entitled to costs after dismissal of the application
- 2 Proper computation of fees under Tariff B and reduction of units
- 3 Allowance of photocopy and service fees and service fees
Ratio Decidendi
Because the respondent did not contest the bill and the items claimed corresponded to Tariff B subject to an appropriate reduction in units, the Assessment Officer allowed fees totalling $2,354.00 and disbursements of $1,245.25, for a total award of $3,608.25 and issued a certificate for that amount.
Court Disposition
Respondent's costs assessed and allowed
Orders
- Respondent's costs assessed and allowed in the amount of $3,608.25
- Certificate issued for $3,608.25 in favour of the respondent
Full Case Text
Judgment text and source record
1 paragraphs
Frève v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-07-12 Neutral citation 2005 FCA 255 File numbers A-215-00 Decision Content Date: 20050712 Docket: A-215-00 Citation: 2005 FCA 255 Between: ANDREW FRÈVE Applicant AND ATTORNEY GENERAL OF CANADA (Agriculture and Agri-Food Canada) Respondent ASSESSMENT OF COSTS B REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is an assessment of costs due to the Attorney General of Canada following a judgment dated April 2, 2001, dismissing the application for judicial review. As requested, the assessment proceeded without personal appearance of the parties. Last May 20, we received a call from the respondent's counsel informing us that he was not contesting the bill of costs as submitted. [2] Accordingly, the respondent's fees are set in the amount of $2,354.00 for the following items of the Tariff B: items 2 ($770), 13(a) ($550), 14(a) ($814) and 26 ($220). We reduced the number of units for the assessment of costs it is not contested at all. With respect to the expenses incurred for photocopy fees and service fees, they are allowed as claimed in the amount of $1,245.25. [3] The respondent's costs are therefore assessed and allowed in the amount of $3,608.25. A certificate is issued for that amount. DATED AT MONTRÉAL, THE 12th DAY OF JULY 2005. Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD COURT DOCKET NO.: A-215-00 Between: ANDREW FRÈVE Applicant AND ATTORNEY GENERAL OF CANADA (Agriculture and Agri-Food Canada) Respondent ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: JULY 12, 2005 SOLICITORS OF RECORD: Nelligan Power Ottawa, Ontario For the applicant John Sims Deputy Attorney General of Canada Ottawa, Ontario For the respondent