Pontbriand v. Canada (Attorney General)
The assessment officer allowed specified fee items in the amounts and units stated, denied item 13 as being applicable only to the Federal Court - Trial Division, accepted respondent's agreed disbursements of $273.29, and assessed total costs at $1,428.29 with a certificate to issue for that amount.
Source-derived case information.
- Citation
- 2001 FCA 349
- Parties
- Appellant: Jean-Guy Pontbriand; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 November 2001
- Procedural Posture
- Assessment of Costs / Assessment Without Personal Appearance
- Outcome
- Bill of costs partially allowed; total assessed at $1,428.29 and certificate to issue.
- Legal Topics
- Bill of Costs, Disbursements, Assessment Officer Determination, Certificate for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jean-Guy Pontbriand
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Assessment of Costs / Assessment Without Personal Appearance
Legal Issues
- 1 Whether the items in the appellant's bill of costs should be allowed and in what units
- 2 Whether item 13 (for Federal Court - Trial Division) is claimable in this matter
- 3 Whether the assessment officer may proceed on the basis of the record where counsel elects not to file a reply
Ratio Decidendi
The assessment officer allowed specified fee items in the amounts and units stated, denied item 13 as being applicable only to the Federal Court - Trial Division, accepted respondent's agreed disbursements of $273.29, and assessed total costs at $1,428.29 with a certificate to issue for that amount.
Court Disposition
Bill of costs partially allowed; total assessed at $1,428.29 and certificate to issue.
Orders
- Allow appellant's counsel fees: item 17 (1 unit), item 18 (1 unit), item 19 (4 units), item 20 (1 unit), item 22 (2 units/hour x 15 minutes), item 26 (3 units).
- Deny claim under item 13 as it pertains to the Federal Court - Trial Division.
Full Case Text
Judgment text and source record
1 paragraphs
Pontbriand v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-16 Neutral citation 2001 FCA 349 File numbers A-99-00 Decision Content Date: 20011116 Docket: A-99-00 Neutral citation: 2001 FCA 349 Between: JEAN-GUY PONTBRIAND Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On August 29, 2001, the appellant filed a bill of costs pursuant to a judgment dated April 3, 2000. On September 27, 2001, the respondent filed representations opposing the bill of costs although no direction for the assessment of costs had been given. [2] On October 25, 2001, Daniel Royer, counsel for the appellant, confirmed in a telephone conversation with me that he did not intend to file representations in reply to the respondent's. I then informed Daniel Royer that I would proceed with the assessment of costs on the basis of the documents in the record. [3] Having regard to the foregoing, the appellant's counsel fees are allowed as follows: item 17 (1 unit), item 18 (1 unit), item 19 (4 units), item 20 (1 unit), item 22 (2 units/hour x 15 minutes) and item 26 (3 units). The claim made under item 13 is denied since that item is for cases in the Federal Court-Trial Division. [4] The respondent agrees to the appellant's disbursements in the amount of $273,29. [5] The appellant's costs that result from this case are therefore assessed at $l,428.29. A certificate will issue for that amount. Michelle Lamy MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC November 16, 2001 Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.:A-99-00 Between: JEAN-GUY PONTBRIAND Appellant AND ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: November 16, 2001 SOLICITORS OF RECORD: Labelle, Boudrault, Côté et Associés Montréal, Quebec For the Appellant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario For the Respondent FEDERAL COURT OF APPEAL Date: 20011116 Docket: A-99-00 BETWEEN: JEAN-GUY PONTBRIAND Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS