Lessard-Gauvin c. Canada (Procureur général)

Lessard-Gauvin c. Canada (Procureur général)

The taxation officer allowed the respondent's claims for five interlocutory response records at 2 units each under article 21(a) (total 10 units) and 3 units under article 26 for taxation services, and allowed disbursements of $867 for photocopies at $0.25/page. Claims under article 25 and article 27 were refused...

Source-derived case information.

Citation
2023 CAF 113
Parties
Appellant: DAVID LESSARD-GAUVIN; Respondent: PROCUREUR GÉNÉRAL DU CANADA
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
30 May 2023
Procedural Posture
Costs Taxation (federal Court of Appeal) / Post Judgment Taxation on the Papers
Outcome
Bill of costs taxed in part; total awarded $2,947 CAD; article 21(a) claims allowed (10 units); article 26 allowed (3 units); article 25 and article 27 claims refused; disbursements of $867 allowed.
Legal Topics
Taxation of Costs, Disbursements, Court Rules Interpretation, Interlocutory Applications
Source Language
fr
Civil Procedure Public Law Costs Taxation of Costs Disbursements Court Rules Interpretation Interlocutory Applications

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Parties

DAVID LESSARD-GAUVIN

Appellant

PROCUREUR GÉNÉRAL DU CANADA

Respondent

Procedural Posture

Costs Taxation (federal Court of Appeal) / Post Judgment Taxation on the Papers

  1. 1 Whether units claimed under article 21(a) are recoverable
  2. 2 Whether units claimed under article 26 for taxation are recoverable
  3. 3 Whether units claimed under article 25 and article 27 are recoverable when the final judgment is silent on costs

Ratio Decidendi

The taxation officer allowed the respondent's claims for five interlocutory response records at 2 units each under article 21(a) (total 10 units) and 3 units under article 26 for taxation services, and allowed disbursements of $867 for photocopies at $0.25/page. Claims under article 25 and article 27 were refused because the final judgment of 19 August 2020 did not adjudge costs, and a taxing officer lacks authority to award costs absent an explicit court adjudication.

Court Disposition

Bill of costs taxed in part; total awarded $2,947 CAD; article 21(a) claims allowed (10 units); article 26 allowed (3 units); article 25 and article 27 claims refused; disbursements of $867 allowed.

Orders

  • The bill of costs of the respondent is taxed and allowed in the amount of $2,947 CAD.
  • A certificate of taxation shall be issued for $2,947 CAD.