Sylvain v. Canada (Canadian Food Inspection Agency)
Because the appellant discontinued the appeal, the respondent was entitled to costs under Rule 402; the assessment officer reviewed the bill, allowed the fees and disbursements as reasonable except that item 26 was reduced to two units for an uncontested proceeding and item 27 was disallowed for lack of...
Source-derived case information.
- Citation
- 2005 FCA 196
- Parties
- Appellant: GASTON J. SYLVAIN; Respondent: CANADIAN FOOD INSPECTION AGENCY; Mis En Cause: ATTORNEY GENERAL OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 May 2005
- Procedural Posture
- Appeal; Costs Assessment Following Discontinuance / Assessment of Costs Without Personal Appearance
- Outcome
- Bill of costs assessed and allowed in part in favour of respondent
- Legal Topics
- Discontinuance, Assessment of Costs, Rule 402 Federal Court Rules, Assessment Officer Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GASTON J. SYLVAIN
Appellant
CANADIAN FOOD INSPECTION AGENCY
Respondent
ATTORNEY GENERAL OF CANADA
Mis En Cause
Procedural Posture
Appeal; Costs Assessment Following Discontinuance / Assessment of Costs Without Personal Appearance
Legal Issues
- 1 Whether respondent is entitled to costs following appellant's discontinuance
- 2 Whether claimed fees and disbursements are reasonable and should be allowed
- 3 Whether specific items in the bill (items 26 and 27) should be allowed or reduced
Ratio Decidendi
Because the appellant discontinued the appeal, the respondent was entitled to costs under Rule 402; the assessment officer reviewed the bill, allowed the fees and disbursements as reasonable except that item 26 was reduced to two units for an uncontested proceeding and item 27 was disallowed for lack of substantiation, and assessed the bill at $3,859.42 with a certificate of assessment to be issued.
Court Disposition
Bill of costs assessed and allowed in part in favour of respondent
Orders
- Bill of costs allowed in the amount of $3,859.42
- Item 26 reduced to two units
Full Case Text
Judgment text and source record
1 paragraphs
Sylvain v. Canada (Canadian Food Inspection Agency) Court (s) Database Federal Court of Appeal Decisions Date 2005-05-19 Neutral citation 2005 FCA 196 File numbers A-376-04 Decision Content Date: 20050519 Docket: A-376-04 Citation: 2005 FCA 196 BETWEEN: GASTON J. SYLVAIN Appellant and CANADIAN FOOD INSPECTION AGENCY Respondent and ATTORNEY GENERAL OF CANADA Mis-en-cause ASSESSMENT OF COSTS - REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] The appellant filed a discontinuance of his appeal on December 9, 2004. The respondent is therefore entitled to costs under rule 402 of the Federal Court Rules. [2] On February 11, 2005, Dominique Guimond, counsel for the respondent and the mis-en-cause, 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 by registered mail on April 6, 2005, setting a schedule for the filing of their written submissions. The envelope sent to the appellant was returned to the Registry with the notation Aunclaimed@. [4] Following the return of this envelope, we made several attempts to contact the appellant, who is representing himself, but without success. Given the difficulty in contacting the appellant and the respondent=s right to recover its costs, I will now proceed to the assessment of the respondent=s bill of costs. [5] The fees claimed are considered reasonable and are allowed with the exception of items 26 and 27 for assessment services. Item 26 is reduced to two units because the proceeding is uncontested. The request under item 27 (such other services as may be allowed by the assessment officer or ordered by the Court) is not substantiated and will therefore not be allowed. [6] The disbursements in the amount of $3,529.42 are allowed since they are considered reasonable and are evidenced by the affidavit of Suzanne Dussault-Harvey. [7] The bill of costs is therefore assessed and allowed in the amount of $3,859.42. A certificate of assessment will be issued for that amount. DIANE PERRIER ASSESSMENT OFFICER QUÉBEC, QUEBEC May 19, 2005 Certified true translation K. Harvey FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-376-04 STYLE: GASTON J. SYLVAIN APPELLANT CANADIAN FOOD INSPECTION AGENCY RESPONDENT ATTORNEY GENERAL OF CANADA MIS-EN-CAUSE ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Québec, Quebec REASONS OF DIANE PERRIER, ASSESSMENT OFFICER DATE OF REASONS: 2005-05-19 SOLICITORS OF RECORD: John H. Simms For the respondent and mis-en-cause