Couture v. Canada (Department of Employment Insurance)

Couture v. Canada (Department of Employment Insurance) Court (s) Database Federal Court of Appeal Decisions Date 2001-04-03 Neutral citation 2001 FCA 103 File numbers A-355-98 Decision Content Date: 20010403 Docket: A-355-98 Neutral citation: 2001 FCA 103 BETWEEN: GILBERT SIOUI COUTURE Plaintiff AND DEPARTMENT OF EMPLOYMENT INSURANCE Defendant ASSESSMENT OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On March 14, 2001, Dominique Guimond, representing the defendant, filed a bill of costs pursuant to the judgment of the Court dated June 14, 2000, dismissing the application for judicial review with costs. [2] At the request of the defendant's representative, costs were to have been assessed without personal appearance, and on March 22, 2001, a letter was sent to the parties inviting them to make submissions in writing. [3] On April 2, 2001, after receiving a letter requesting that the assessment be postponed, I contacted Mr. Carrier, representing the plaintiff, and in that conversation he ultimately told me to proceed with the assessment since he was unable to locate his client and the bill of costs seemed reasonable to him. [4] Having regard to the foregoing, amounts claimed under items 19 and 22 of the Tariff for counsel fees are allowed as requested. Under item 26, $200.00 seems to me to be more reasonable than the amount claimed since this assessment is not contested. [5] The disbursements established by the affidavit of Christine Mance, an employee of the department, are allowed as claimed. [6] The defendant's costs are therefore assessed at and allowed in the amount of $1,100.00 for counsel fees and $494.97 for disbursements. A certificate will issue in the amount of $1 594.97. RICHARD LARABIE ________________________ RICHARD LARABIE ASSESSMENT OFFICER MONTRÉAL, QUEBEC April 3, 2001 Certified True Translation Sophie Debbané, LL.B. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-355-98 BETWEEN: GILBERT SIOUI COUTURE Plaintiff AND DEPARTMENT OF EMPLOYMENT INSURANCE Defendant ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF R. LARABIE, ASSESSMENT OFFICER DATE OF REASONS: April 3, 2001 SOLICITORS OF RECORD: Rochon, Belzile, Carrier, Auger & Associés Quebec, Quebec For the Plaintiff Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario For the Defendant FEDERAL COURT OF APPEAL Date: 20010403 Docket: A-355-98 Between: GILBERT SIOUI COUTURE Plaintiff AND DEPARTMENT OF EMPLOYMENT INSURANCE Defendant ASSESSMENT OF COSTS - REASONS