Bassila v. Canada
All fees claimed under Tariff B items 2, 13, 14, 25, 26 and 27 were reasonable and allowed as claimed; disbursements for service, photocopies and transcript were proved by affidavit and allowed; respondent's costs were assessed at $4,498.99 and a certificate was issued for that amount.
Source-derived case information.
- Citation
- 2004 FCA 207
- Parties
- Applicant: Jay Bassila; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 May 2004
- Procedural Posture
- Judicial Review; Assessment of Costs / Costs Assessment Following Dismissal of Application for Judicial Review
- Outcome
- Respondent's costs assessed and certificate issued.
- Legal Topics
- Assessment of Costs, Tariff B, Disbursements, Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jay Bassila
Applicant
Her Majesty the Queen
Respondent
Procedural Posture
Judicial Review; Assessment of Costs / Costs Assessment Following Dismissal of Application for Judicial Review
Legal Issues
- 1 Whether the fees claimed under Tariff B items 2, 13, 14, 25, 26 and 27 are allowable
- 2 Whether the disbursements for service, photocopies and transcript were proved and allowable
- 3 Determination of total amount of costs and issuance of certificate
Ratio Decidendi
All fees claimed under Tariff B items 2, 13, 14, 25, 26 and 27 were reasonable and allowed as claimed; disbursements for service, photocopies and transcript were proved by affidavit and allowed; respondent's costs were assessed at $4,498.99 and a certificate was issued for that amount.
Court Disposition
Respondent's costs assessed and certificate issued.
Orders
- Respondent awarded costs in the amount of $4,498.99.
- Certificate issued for $4,498.99.
Full Case Text
Judgment text and source record
1 paragraphs
Bassila v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2004-05-26 Neutral citation 2004 FCA 207 File numbers A-551-01 Decision Content Date: 20040526 Docket: A-551-01 Citation: 2004 FCA 207 Between: JAY BASSILA Applicant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS -REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is a assessment in writing of the costs payable to the respondent pursuant to the judgment dated June 18, 2003, dismissing the application for judicial review with costs. [2] Since the various claims are reasonable and not contested, all of the fees requested under items 2 (5 units), 13 (3 units), 14 (2 units X 3 hours/services of counsel), 25 (1 unit), 26 (4 units) and 27 (2 units) of Tariff B are allowed as claimed in the amount of $2,310.00. The claim made under item 27 involves the preparation of written submissions in response to those of the applicant following the notice of status review dated May 3, 2002. [3] The disbursements for the costs of service ($34.24), photocopies ($1,449.62) and transcript of hearing ($705.13) are allowed in the amount of $2,188.99, having been proved by affidavit and justified in this case. [4] The respondent's costs are therefore assessed in the amount of $4,498.99. A certificate is issued in this amount. Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC May 26, 2004 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-551-01 Between: JAY BASSILA Applicant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: May 26, 2004 SOLICITORS OF RECORD: Caputo, Famularo & Buttino Westmount, Quebec For the applicant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario For the respondent