Canada Judgment

Federal Court

Archambault v. Canada

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Source document

01

Holding and result

Because the defendant filed the bill and no representations were filed by the plaintiff, the fees claimed were allowed; claimed disbursements were rejected for failure to provide the proof required by s.1(4) of Tariff B; the Tariff B unit value increase to $110 effective April 1, 2001 was applied to the bill filed December 3, 2001; accordingly fees of $10,615.00 were assessed and a certificate will be issued.

Court disposition

Bill of costs assessed and allowed in part: fees allowed and disbursements rejected.

Orders

  • Defendant's fees assessed and allowed in the amount of $10,615.00.
  • Claims for disbursements of $170.40 (photocopies) and $1,382.40 (transcript) are rejected for lack of proof under Tariff B s.1(4).
  • Assessment calculated applying Tariff B unit value of $110.00 effective April 1, 2001.
  • A certificate in the amount of $10,615.00 will be issued.

02

Material facts

Parties

CLAUDE F. ARCHAMBAULT

Plaintiff Counsel: Claude F. Archambault & Associés

HER MAJESTY THE QUEEN

Defendant Counsel: Morris Rosenberg, Deputy Attorney General of Canada

Amounts and remedies

  • Fees Allowed: CAD 10,615
  • Photocopies Claimed (rejected): CAD 170.4
  • Transcript Claimed (rejected): CAD 1,382.4
  • Tariff Unit Value Applied: CAD 110

03

Procedural history

  1. Posture

    Assessment of Costs (federal Court) / Assessment of Costs Without Personal Appearance; Bill Filed December 3, 2001; Assessment on Written Submissions

04

Questions and positions

Legal issues

Party arguments

Applicant
Defendant filed a bill of costs claiming fees and disbursements, requested assessment on written submissions, claimed $170.40 for photocopies and $1,382.40 for transcript of examinations for discovery, and relied on Tariff B including the unit value increase effective April 1, 2001.
Respondent
Plaintiff did not serve any representations or supporting evidence within the prescribed time and therefore made no submissions opposing or supporting the disbursements.

05

Court’s reasoning

  1. 01

    Tariff B, Federal Court Rules, s.1(4)

    Disbursements must be supported by evidence as required by Tariff B before they can be allowed.

  2. 02

    Tariff B, Federal Court Rules, s.4(1)

    Increased unit values in Tariff B apply to bills filed after the effective date of the increase.

  3. 03

    Federal Court assessment procedure under the Federal Court Rules

    Where no representations are filed, assessment may proceed on the basis of the filed bill and available material.

06

Ratio, limits and disposition

Ratio decidendi

Because the defendant filed the bill and no representations were filed by the plaintiff, the fees claimed were allowed; claimed disbursements were rejected for failure to provide the proof required by s.1(4) of Tariff B; the Tariff B unit value increase to $110 effective April 1, 2001 was applied to the bill filed December 3, 2001; accordingly fees of $10,615.00 were assessed and a certificate will be issued.

Obiter and limits

  • Assessment proceeded on written submissions because none were received from the parties.
  • A certificate will be issued in the assessed amount.

Court disposition

Bill of costs assessed and allowed in part: fees allowed and disbursements rejected.

  • Defendant's fees assessed and allowed in the amount of $10,615.00.
  • Claims for disbursements of $170.40 (photocopies) and $1,382.40 (transcript) are rejected for lack of proof under Tariff B s.1(4).
  • Assessment calculated applying Tariff B unit value of $110.00 effective April 1, 2001.
  • A certificate in the amount of $10,615.00 will be issued.

Source and reliance status

Federal Court · 29 April 2002

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Judgment reading view

Judgment text

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Source document

Federal Court

Judgment· 29 April 2002

2002 FCT 484

Archambault v. Canada Court (s) Database Federal Court Decisions Date 2002-04-29 Neutral citation 2002 FCT 484 File numbers T-1640-83 Decision Content Date: 20020429 Docket: T-1640-83 Neutral Citation: 2002 FCT 484 Between: CLAUDE F. ARCHAMBAULT Plaintiff and

HER MAJESTY THE QUEEN Defendant ASSESSMENT OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On December 3, 2001, counsel for the defendant filed his bill of costs for assessment pursuant to the order of the Honourable Madam Justice Tremblay-Lamer dated May 12, 1998. [2] In a letter accompanying his bill of costs, Charles Camirand asked the assessment officer to proceed with the assessment on the basis of written submissions. Letters were then sent to the parties on March 4, 2002, inviting them to prepare and serve their representations, and since none were received within the prescribed time period, the bill of costs of the defendant is assessed and allowed as claimed, except for the disbursements. [3] With respect to disbursements, counsel is claiming $170.40 for photocopies and $1,382.40 for the transcript of the examinations for discovery, but he has not provided any explanation, supporting documents or affidavit justifying these disbursements or establishing that they were made within the current proceedings. In the absence of proof required by subsection 1(4) of Tariff B, these claims are rejected. [4] Moreover, because the unit value was increased under subsection 4(1) of Tariff B to $110.00 effective April 1, 2001, and because the bill of costs was filed on December 3, 2001, it is assessed taking this increase into account. [5] The defendant's costs are therefore assessed and allowed in the amount of $10,615.00 for fees. A certificate in that amount will be issued. Signed : R. Larabie RICHARD LARABIE

ASSESSMENT OFFICER MONTRÉAL, QUEBEC April 29, 2002 Certified true translation Mary Jo Egan, LLB

FEDERAL COURT OF CANADA

TRIAL DIVISION

SOLICITORS OF RECORD DOCKET: T-1640-83 Between: CLAUDE F. ARCHAMBAULT Plaintiff

AND

HER MAJESTY THE QUEEN Defendant

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY RICHARD LARABIE, ASSESSMENT OFFICER DATE OF REASONS: April 29, 2002 SOLICITORS OF RECORD: Claude F. Archambault & Associés Montréal, Quebec for the plaintiff Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the defendant

FEDERAL COURT OF CANADA

TRIAL DIVISION Date: 20020429 Docket: T-1640-83 BETWEEN: CLAUDE F. ARCHAMBAULT Plaintiff and

HER MAJESTY THE QUEEN Defendant ASSESSMENT OF COSTS - REASONS

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Tariff B, Federal Court Rules, s.1(4)

Legislation

Legislation referenced in the available case record.

Tariff B, Federal Court Rules, s.4(1)

Legislation

Legislation referenced in the available case record.

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