Roy v. Mayrand
The Assessment Officer allowed the specified fees totaling $1,320, reducing item 26 from 3 to 2 units because the bill was not sufficiently complex, and ordered issuance of a certificate of assessment for $1,320.
Source-derived case information.
- Citation
- 2007 FC 1370
- Parties
- Applicant: Jacques Roy, trustee; Respondent: Marc Mayrand; Respondent: Attorney General of Canada; Interested Party: Sylvie Laperrière
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 27 December 2007
- Procedural Posture
- Assessment of Costs / Post Judgment Costs Assessment
- Outcome
- Applicant's bill of costs partially allowed in the amount of $1,320; certificate of assessment to be issued.
- Legal Topics
- Assessment of Costs, Bill of Costs, Taxation of Costs, Allowable Tariff Units
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacques Roy, trustee
Applicant
Marc Mayrand
Respondent
Attorney General of Canada
Respondent
Sylvie Laperrière
Interested Party
Procedural Posture
Assessment of Costs / Post Judgment Costs Assessment
Legal Issues
- 1 Whether the applicant's bill of costs should be allowed and in what amount
- 2 Whether item 26 should be allowed at 3 units as claimed or reduced for lack of complexity
Ratio Decidendi
The Assessment Officer allowed the specified fees totaling $1,320, reducing item 26 from 3 to 2 units because the bill was not sufficiently complex, and ordered issuance of a certificate of assessment for $1,320.
Court Disposition
Applicant's bill of costs partially allowed in the amount of $1,320; certificate of assessment to be issued.
Orders
- Allow fees for items 5, 6, 25 and 26 in the total amount of $1,320
- Reduce item 26 from 3 units to 2 units on the basis that the bill was not very complicated
Full Case Text
Judgment text and source record
1 paragraphs
Roy v. Mayrand Court (s) Database Federal Court Decisions Date 2007-12-27 Neutral citation 2007 FC 1370 File numbers T-547-04 Decision Content Date: 20071227 Docket: T-547-04 Citation: 2007 FC 1370 BETWEEN: JACQUES ROY, trustee Applicant and MARC MAYRAND and ATTORNEY GENERAL OF CANADA Respondents and SYLVIE LAPERRIÈRE Interested party ASSESSMENT OF COSTS - REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] This is an assessment of the applicant’s bill of costs following an order of the Court dated March 8, 2005, dismissing with costs the respondents’ motion to strike the application or to consolidate proceedings. [2] On February 27, 2007, counsel for the applicant filed his bill of costs and requested that it be assessed without the personal appearance of the parties. A letter was sent to the parties setting a timetable, and the parties filed their submissions. I am now ready to proceed with the assessment of costs on the basis of the documents in the record. [3] The following fees are allowed in the amount of $1,320: item 5 – preparation of the reply to the motion to strike (5 units); item 6 – appearance at the hearing of the motion (1.5 hrs. x 2 units); item 25 – services rendered following judgment (1 unit); and item 26 – assessment of the bill of costs (2 units). Item 26 has been reduced from 3 to 2 units since the bill of costs does not seem to me to be very complicated. [4] The bill submitted by the applicant for $1,440 is allowed in the amount of $1,320. A certificate of assessment will be issued in that amount. _ “Diane Perrier”____ ASSESSMENT OFFICER QUÉBEC, QUEBEC December 27, 2007 Translation certified true Stefan Winfield, reviser FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-547-04 STYLE OF CAUSE: JACQUES ROY, trustee, v. MARC MAYRAND and THE ATTORNEY GENERAL OF CANADA and SYLVIE LAPERRIÈRE ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE REASONS FOR TAXING OF COSTS: DIANE PERRIER DATED: December 27, 2007 WRITTEN SUBMISSIONS: Jean-Philippe Gervais FOR THE PLAINTIFF Bernard Letarte FOR THE DEFENDANTS SOLICITORS OF RECORD: Gervais & Gervais Montréal, Quebec FOR THE PLAINTIFF John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE DEFENDANTS