Biao v. Canada (Minister of Citizenship and Immigration)
Because the respondent's claims were unopposed and the disbursement for service was supported by affidavit, the assessment officer allowed the supported fees and disbursements, disallowed unsupported photocopying costs, and awarded a total assessed amount with a certificate.
Source-derived case information.
- Citation
- 2003 FCA 75
- Parties
- Appellant: Guo Yong Biao; Respondent: The Minister of Immigration and Citizenship
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 February 2003
- Procedural Posture
- Immigration Appeal / Assessment of Costs Following Dismissal of Appeal
- Outcome
- Respondent's costs assessed in the amount of $1,356 and certificate issued.
- Legal Topics
- Costs Assessment, Tariff B Item 26, Disbursements, Service of Process, Photocopying Expense
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Guo Yong Biao
Appellant
The Minister of Immigration and Citizenship
Respondent
Procedural Posture
Immigration Appeal / Assessment of Costs Following Dismissal of Appeal
Legal Issues
- 1 Whether the respondent's claimed costs are allowable
- 2 Whether disbursements require supporting affidavit/documentation
- 3 Whether unopposed bill of costs should be allowed in full
Ratio Decidendi
Because the respondent's claims were unopposed and the disbursement for service was supported by affidavit, the assessment officer allowed the supported fees and disbursements, disallowed unsupported photocopying costs, and awarded a total assessed amount with a certificate.
Court Disposition
Respondent's costs assessed in the amount of $1,356 and certificate issued.
Orders
- Award of $220 under item 26 of Tariff B
- Disbursements for service awarded in the amount of $14
Full Case Text
Judgment text and source record
1 paragraphs
Biao v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2003-02-12 Neutral citation 2003 FCA 75 File numbers A-752-99 Decision Content Date: 20030212 Docket: A-752-99 Neutral citation: 2003 FCA 75 BETWEEN: GUO YONG BIAO Appellant AND THE MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent ASSESSMENT OF COSTS _ REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is an assessment in writing of costs owed the respondent following the judgment on February 28, 2001, dismissing the appeal with costs. [2] The appellant had until January 24, 2003, to make submissions opposing the respondent's bill of costs. [3] As no opposition has been received to date and the various claims seem reasonable, all the fees, except for those requested for the assessment of costs, are allowed as such. An amount of $220 is awarded under item 26 of Tariff B. [4] The disbursements incurred for the costs of service in the amount of $14 are awarded, as they were supported by affidavit. However, the photocopying costs in the amount of $53.55 are disallowed as the respondent submitted no documentation or explanation in support of this expense. [5] In light of the foregoing, the respondent's costs are assessed in the amount of $1,356. A certificate is issued for that amount. "Michelle Lamy" Assessment Officer MONTRÉAL, QUEBEC February 12, 2003 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030212 Docket: A-752-99 BETWEEN: GUO YONG BIAO Appellant AND THE MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent ASSESSMENT OF COSTS _ REASONS FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030212 Docket: A-752-99 BETWEEN: GUO YONG BIAO Appellant AND THE MINISTER OF IMMIGRATION AND CITIZENSHIP Respondent CERTIFICATE OF ASSESSMENT OF COSTS FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD COURT FILE No.: A-752-99 Between: GUO YONG BIAO AND THE MINISTER OF IMMIGRATION AND CITIZENSHIP ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: February 12, 2003 SOLICITORS OF RECORD: Kaufman, Laramée for the appellant Montréal, Quebec Morris Rosenberg for the respondent Deputy Attorney General of Canada Montréal, Quebec