Martin v. Canada (Minister of Employment and Immigration)

Martin v. Canada (Minister of Employment and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-22 Neutral citation 2001 FCA 362 File numbers A-224-99 Decision Content Date: 20011122 Docket: A-224-99 Neutral citation: 2001 FCA 362 BETWEEN: LOUISE MARTIN, ANDRE MARTIN AND MICHEL MARTIN, Minor by their Litigation Guardian, LOUISE MARTIN Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION Respondent ASSESSMENT OF COSTS - REASONS P. PACE Assessment Officer [1] This is an in writing assessment of the Respondent's Bill of Costs pursuant to the judgment of this Court dated the 14th day of November 2000. [2] The only material submitted on behalf of the Respondent on this assessment is the affidavit of Ann-Marie Rogers, a copy of some correspondence between counsel for the parties and the Bill of Costs. [3] As established by the correspondence between counsel, the Respondent provided a copy of the Bill of Costs to counsel for the appellant under cover of a letter dated July 13, 2001. [4] By letter dated October, 31, 2001, counsel for the appellant advised counsel for the Respondent that their client was in the process of making an assignment in Bankruptcy and that as such did not expect to receive instructions to oppose this assessment. [5] Having regard to the wording of appellant counsel's letter and out of an abundance of caution on my own part, I contacted the office of counsel for the appellant and confirmed that this assessment would not be opposed. Assessment of Bill of Costs: Item 1: [6] This item claims one (1) unit for "preparation of and filing of agreement on Appeal Book." Tariff "B" does not provide for the assessment of such an item and consequently item 1 will not be allowed. Item 2: [7] This item claims four (4) units for "preparation and filing of Respondent's memorandum of fact and law." This is an assessable service under item 19 of Tariff "B" and will be allowed as claimed. Item 3: [8] This item claims two (2) units per hour for counsel fee for first counsel on the oral hearing of the appeal, heard on November 14th 2000. This item will be assessed as provided for under item 22(a) of Tariff "B" and allowed as submitted. Item 4: [9] Item 4 seeks a counsel fee for second counsel on the hearing of the appeal on the 14th of November 2000. Tariff "B" item 22(b) reads as follws: "(b) to second counsel, where Court directs, (emphasis mine) 50% of the amount calculated under paragraph (a)." Under item 22(b) of Tariff "B", a claim for fees for second counsel can only be made if the Court has so directed. I have reviewed the Court record and have determined that no such direction exists. Consequently this item cannot be allowed. Item 5: [10] Item 5 seeks one (1) unit for Assessment of Costs. Item 26 in Tariff "B" provides for a range of 2 to 6 units under column 3 for Assessment of Costs. However, as previously mentioned this is an unopposed assessment in writing, without the appearance of counsel and with minimal material filed in support. Consequently I am of the view that this item should not be allowed. Disbursements [11] The only disbursement sought in this Bill of Costs is an amount of $364.01, being the Respondent's share of photocopying costs for the "Joint Book of Statutes, regulations and authorities." Having regard to the affidavit of Ann-Marie Rogers and the exhibit therein, I am satisfied that this disbursement was proper and necessary. [12] The Respondent's Bill of Costs has been assessed at $660.00 for fees and $364.01 for disbursements for a total of $1,024.01. [13] A Certificate of Assessment will be issued accordingly. "Peter Pace" Assessment Officer Toronto, Ontario November 22, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-224-99 STYLE OF CAUSE: LOUISE MARTIN, ANDRE MARTIN AND MICHEL MARTIN, Minor by their Litigation Guardian, LOUISE MARTIN Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION Respondent ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES ASSESSMENT OF COSTS - REASONS BY: PETER PACE ASSESSMENT OFFICER DATED: WEDNESDAY, NOVEMBER 22, 2001 SOLICITORS OF RECORD: Lerner & Associates Barristers & Solicitors 80 Dufferin Ave. P.O. Box 2335, Stn.B London , Ontario N6A 4G4 For the Appellants Morris Rosenberg Deputy Attorney General of Canada Department of Justice Ontario Regional Officer 130 King St. West Suite 3400, Box 36 Toronto, Ontario M5X 1K6 For the Respondent FEDERAL COURT OF APPEAL Date: 20011122 Docket: A-224-99 BETWEEN: LOUISE MARTIN, ANDRE MARTIN AND MICHEL MARTIN, Minor by their Litigation Guardian, LOUISE MARTIN Appellants - and - HER MAJESTY THE QUEEN IN RIGHT OF CANADA, BY HER MINISTER OF EMPLOYMENT AND IMMIGRATION Respondent ASSESSMENT OF COSTS - REASONS