Bacon International Inc. v. Canada (Department of Agriculture and Agri-Food Canada)
The Assessment Officer awarded all claimed fees except reduced item 26 from 5 to 2 units because the assessment was uncontested; disbursements were allowed as reasonable and supported by affidavit; the bill was assessed and allowed in the amount of $3,110.23 and a certificate was issued.
Source-derived case information.
- Citation
- 2005 FCA 279
- Parties
- Appellant: Bacon International Inc.; Appellant: Les Aliments Vermont Foods Inc.; Appellant: Bacon America Inc.; Appellant: 122345 Canada Limited; Respondent: Department of Agriculture and Agri-Food Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 August 2005
- Procedural Posture
- Appeal Assessment of Costs / Assessment of Costs Without Personal Appearance
- Outcome
- Bill of costs assessed and allowed
- Legal Topics
- Assessment of Costs, Disbursements, Bill of Costs, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bacon International Inc.
Appellant
Les Aliments Vermont Foods Inc.
Appellant
Bacon America Inc.
Appellant
122345 Canada Limited
Appellant
Department of Agriculture and Agri-Food Canada
Respondent
Procedural Posture
Appeal Assessment of Costs / Assessment of Costs Without Personal Appearance
Legal Issues
- 1 Whether the claimed fees should be awarded
- 2 Whether item 26 should be reduced
- 3 Whether disbursements are reasonable and supported by affidavit
Ratio Decidendi
The Assessment Officer awarded all claimed fees except reduced item 26 from 5 to 2 units because the assessment was uncontested; disbursements were allowed as reasonable and supported by affidavit; the bill was assessed and allowed in the amount of $3,110.23 and a certificate was issued.
Court Disposition
Bill of costs assessed and allowed
Orders
- Bill of costs assessed and allowed in the amount of $3,110.23; certificate issued.
- Item 26 reduced from 5 units to 2 units.
Full Case Text
Judgment text and source record
1 paragraphs
Bacon International Inc. v. Canada (Department of Agriculture and Agri-Food Canada) Court (s) Database Federal Court of Appeal Decisions Date 2005-08-23 Neutral citation 2005 FCA 279 File numbers A-392-02 Decision Content Date: 20050823 Docket: A-392-02 Citation: 2005 FCA 279 BETWEEN: Court Docket No.: (T-2290-98) BACON INTERNATIONAL INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent BETWEEN: Court Docket No.: (T-2291-98) LES ALIMENTS VERMONT FOODS INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent Between: Court Docket No.: (T-2292-98) BACON AMERICA INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent BETWEEN: Court Docket No.:(T-2294-98) 122345 CANADA LIMITED Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent ASSESSMENT OF COSTS - REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] On September 18, 2003, the Court dismissed the appeal from the decision by the Federal Court with costs. [2] On March 17, 2005, Bernard Letarte, respondent's counsel, filed a bill of costs and asked that it be assessed without personal appearance of the parties. [3] A letter was sent to the parties setting a schedule for filing their written submissions. There have been no submissions filed to date and I will now proceed with the assessment of costs in accordance with the documents in the record. [4] All of the fees claimed are awarded with the exception of item 26. Item 26 will be reduced from 5 to 2 units since the assessment is not contested. [5] The disbursements are awarded since they are reasonable and established by affidavit. [6] The bill of costs is assessed and allowed in the amount of $3,110.23. A certificate is issued for that amount. "Diane Perrier" ASSESSMENT OFFICER Québec, Quebec August 23, 2005 Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-392-02 STYLE OF CAUSE: Court Docket No.:(T-2290-98) BACON INTERNATIONAL INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent AND Court Docket No.:(T-2291-98) LES ALIMENTS VERMONT FOODS INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent AND Court Docket No.:(T-2292-98) BACON AMERICA INC. Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent AND Court Docket No.:(T-2294-98) 122345 CANADA LIMITED Appellant and DEPARTMENT OF AGRICULTURE AND AGRI-FOOD CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE REASONS FOR ORDER: Diane Perrier, Assessment Officer DATE DES MOTIFS: August 23, 2005 SOLICITORS OF RECORD: Joli-Coeur, Lacasse, Geoffrion, Jetté, St-Pierre FOR THE APPELLANT Québec , Quebec Department of Justice Canada FOR THE RESPONDENT Ottawa, Ontario