Bellemare v. Canada (Attorney General)

Bellemare v. Canada (Attorney General)

The assessment officer held that the Attorney General of Canada was entitled to costs pursuant to the Court of Appeal's judgment; costs must be assessed under Column III of Tariff B by the assessment officer, with specific reductions to claimed units to avoid double compensation and to reflect reasonableness; accordingly specified fees and disbursements were allowed and certificates issued for the assessed totals (Trial Division $2,442.48; Appeal Division $2,217.12).

Citation
2003 FCT 618
Parties
Applicant: Daniel Martin Bellemare; Respondent/appellant: Attorney General of Canada; Intervener: Office of the Information Commissioner of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 May 2003
Procedural Posture
Judicial Review Under the Access to Information Act / Assessment of Costs After Motion to Strike and Appeal
Outcome
Costs assessed and allowed in favour of the Attorney General of Canada; certificates to be issued in each file.
Legal Topics
Costs, Judicial Review, Intervention, Federal Court Rules, Tariff Assessment
Source Language
English
Administrative Law Access to Information Civil Procedure Costs Assessment Costs Judicial Review Intervention Federal Court Rules +1 more

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Parties

Daniel Martin Bellemare

Applicant

Attorney General of Canada

Respondent/appellant

Office of the Information Commissioner of Canada

Intervener

Procedural Posture

Judicial Review Under the Access to Information Act / Assessment of Costs After Motion to Strike and Appeal

Legal Issues

  1. 1 Whether the Attorney General of Canada was entitled to costs despite the Information Commissioner being ordered to bear costs
  2. 2 Proper application of Federal Court Rules and Tariff B in assessing costs
  3. 3 Whether specific claimed units and disbursements were reasonable

Ratio Decidendi

The assessment officer held that the Attorney General of Canada was entitled to costs pursuant to the Court of Appeal's judgment; costs must be assessed under Column III of Tariff B by the assessment officer, with specific reductions to claimed units to avoid double compensation and to reflect reasonableness; accordingly specified fees and disbursements were allowed and certificates issued for the assessed totals (Trial Division $2,442.48; Appeal Division $2,217.12).

Court Disposition

Costs assessed and allowed in favour of the Attorney General of Canada; certificates to be issued in each file.

Orders

  • Trial Division fees allowed total $1,870.00
  • Appeal Division fees allowed total $1,430.00