Brewer v. Halifax Longshoremen's Assn.
Because the respondent produced proof of service of the notice of appointment and counsel consented at the assessment to accept the applicant's proposed costs, the Assessment Officer ordered a certificate of assessment in the agreed amount of $3,086.00; no further assessment was required.
Source-derived case information.
- Citation
- 2002 FCA 245
- Parties
- Applicant: Dwayne A. Brewer; Respondent: Halifax Longshoremen's Association, Local 269 of the International Longshoremen's Association
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 June 2002
- Procedural Posture
- Judicial Review / Costs Assessment After Dismissal
- Outcome
- Assessment concluded by consent; certificate of assessment to issue in favour of respondent for $3,086.00 following dismissal of the judicial review with costs.
- Legal Topics
- Assessment of Costs, Service of Documents, Agreement on Costs, Certificate of Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dwayne A. Brewer
Applicant
Halifax Longshoremen's Association, Local 269 of the International Longshoremen's Association
Respondent
Procedural Posture
Judicial Review / Costs Assessment After Dismissal
Legal Issues
- 1 Whether the applicant was validly served with the notice of appointment and bill of costs
- 2 What amount of costs should be assessed
- 3 Whether the parties' agreement on costs is binding on assessment
Ratio Decidendi
Because the respondent produced proof of service of the notice of appointment and counsel consented at the assessment to accept the applicant's proposed costs, the Assessment Officer ordered a certificate of assessment in the agreed amount of $3,086.00; no further assessment was required.
Court Disposition
Assessment concluded by consent; certificate of assessment to issue in favour of respondent for $3,086.00 following dismissal of the judicial review with costs.
Orders
- Certificate of assessment to issue in the amount of $3,086.00 in favour of the respondent
- Applicant to pay assessed costs of $3,086.00
Full Case Text
Judgment text and source record
1 paragraphs
Brewer v. Halifax Longshoremen's Assn. Court (s) Database Federal Court of Appeal Decisions Date 2002-06-11 Neutral citation 2002 FCA 245 File numbers A-159-00 Decision Content Date: 20020611 Docket: A-159-00 Neutral Citation: 2002 FCA 245 BETWEEN: DWAYNE A. BREWER Applicant -and- HALIFAX LONGSHOREMEN'S ASSOCIATION, LOCAL 269 OF THE INTERNATIONAL LONSHOREMENS' ASSOCIATION Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] This application for Judicial review was dismissed with costs on January 10, 2002. Mr. Ronald Pink the solicitor for the respondent filed a bill of costs with supporting material on May 23, 2002 and requested an oral assessment. [2] Ms. Monique Desroches appeared on behalf of the respondent at the assessment and filed proof of personal service of the notice of appointment upon the applicant Mr. Dwayne Brewer . Counsel explained that Mr. Michael O'Hara, who was representing Mr. Brewer at the hearing in January, had refused service of the notice of appointment. [3] At the assessment Mr. Brewer advised he was now representing himself and stated that he had not been served with a copy of the bill of costs (in the amount of $4,563.72) and of the affidavit in support. He said he had already agreed with the respondent to pay Court costs in the amount of $3, 086.00. [4] Following a brief discussion between Ms. Desroches and Mr. Brewer, counsel for the respondent consented to set the costs of the respondent as suggested by the applicant. A certificate of assessment will issue in that amount. Halifax, Nova Scotia ___________________________ June 11, 2002 François Pilon Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-159-00 BETWEEN: Dwayne A. Brewer Applicant -and- Halifax Longshoremen's Association et al Respondent ASSESSMENT WITH THE PERSONAL APPEARANCE OF PARTIES ON: MONDAY, JUNE 10, 2002 ASSESSMENT OF COSTS - REASONS BY: FRANÇOIS PILON DATED: JUNE 11, 2002 APPEARANCES BY: Mr. Dwayne A. Brewer Representing Himself Ms. Monique Desroches For the Respondent SOLICITORS OF RECORD: Pink Breen Larkin Halifax, Nova Scotia For the Respondent