Archambault v. Canada
The photocopy disbursement claim was rejected for lack of the proof required by subsection 1(4) of Tariff B; the increased unit value under Tariff B subsection 4(1) effective April 1, 2001 applies to this bill filed December 3, 2001; consequently fees are assessed and allowed at $2,117.50 and a certificate will...
Source-derived case information.
- Citation
- 2002 FCA 159
- Parties
- Appellant: Claude F. Archambault; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 April 2002
- Procedural Posture
- Assessment of Costs (taxation) on Appeal / Costs Taxation Stage; Assessment Without Personal Appearance; Bill Filed December 3, 2001; Decision April 29, 2002
- Outcome
- Respondent's costs allowed in part; fees allowed and disbursement disallowed.
- Legal Topics
- Tariff B, Disbursements, Photocopy Charges, Unit Value Increase
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Claude F. Archambault
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Assessment of Costs (taxation) on Appeal / Costs Taxation Stage; Assessment Without Personal Appearance; Bill Filed December 3, 2001; Decision April 29, 2002
Legal Issues
- 1 Whether claimed photocopy disbursement of $373.80 is provable and allowable under Tariff B subsection 1(4)
- 2 Whether the increased unit value under Tariff B subsection 4(1) effective April 1, 2001 applies to this bill filed December 3, 2001
- 3 Proper calculation and allowance of fees for respondent
Ratio Decidendi
The photocopy disbursement claim was rejected for lack of the proof required by subsection 1(4) of Tariff B; the increased unit value under Tariff B subsection 4(1) effective April 1, 2001 applies to this bill filed December 3, 2001; consequently fees are assessed and allowed at $2,117.50 and a certificate will issue for that amount.
Court Disposition
Respondent's costs allowed in part; fees allowed and disbursement disallowed.
Orders
- Respondent's fees assessed and allowed in the amount of $2,117.50 and a certificate in that amount to be issued.
- Disbursement claim of $373.80 for photocopies is rejected for failure to provide proof as required by subsection 1(4) of Tariff B.
Full Case Text
Judgment text and source record
1 paragraphs
Archambault v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-04-29 Neutral citation 2002 FCA 159 File numbers A-389-98 Decision Content Date: 20020429 Docket: A-389-98 Neutral Citation: 2002 FCA 159 Between: CLAUDE F. ARCHAMBAULT Appellant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On December 3, 2001, counsel for the respondent filed his bill of costs for taxation pursuant to the decision made by this Court on April 11, 2000. [2] In a letter accompanying his bill of costs, Charles Camirand asked the assessment officer to proceed to 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 respondent is assessed and allowed as claimed, except for the disbursements. [3] With respect to disbursements, counsel is claiming the sum of $373.80 for photocopies, but he has not provided any explanation, supporting documents or affidavit justifying this disbursement or establishing that it was made within the current proceedings. In the absence of proof required by subsection 1(4) of Tariff B, this claim is rejected. [4] Moreover, because the unit value was increased under subsection 4(1) of Tariff B to $110 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 respondent's costs are therefore assessed and allowed in the amount of $2,117.50 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 APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-389-98 Between: CLAUDE F. ARCHAMBAULT Appellant AND HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY RICHARD LARABIE, TAXATION OFFICER DATE OF REASONS: April 29, 2002 SOLICITORS OF RECORD: Claude F. Archambault & Associés Montréal, Quebec for the appellant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the respondent FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020429 Docket: A-389-98 BETWEEN: CLAUDE F. ARCHAMBAULT Appellant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS