Industries Vogue Ltée v. Canada
Costs and disbursements proven by affidavit were allowed; transcripts of testimony from the Canadian International Trade Tribunal were disallowed as they related to another tribunal; item 26 was limited to two units because the assessment was uncontested; respondent awarded $14,781.56 (Federal Court) and $2,181.74...
Source-derived case information.
- Citation
- 2005 FCA 43
- Parties
- Appellant: LES INDUSTRIES VOGUE LTÉE; Respondent: HER MAJESTY THE QUEEN
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 January 2005
- Procedural Posture
- Costs Assessment Following Federal Court Judgment and Federal Court of Appeal Appeal / Assessment of Costs in Writing After Judgment and Dismissal of Appeal
- Outcome
- Respondent awarded costs
- Legal Topics
- Costs Assessment, Disbursements, Transcripts From Other Tribunals, Certificates of Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
LES INDUSTRIES VOGUE LTÉE
Appellant
HER MAJESTY THE QUEEN
Respondent
Procedural Posture
Costs Assessment Following Federal Court Judgment and Federal Court of Appeal Appeal / Assessment of Costs in Writing After Judgment and Dismissal of Appeal
Legal Issues
- 1 Whether respondent entitled to recovery of fees and disbursements in the Federal Court and Federal Court of Appeal
- 2 Proper allowance or disallowance of specific disbursements (transcripts from another tribunal)
- 3 Proper unit allowance for item 26 when assessment is uncontested
Ratio Decidendi
Costs and disbursements proven by affidavit were allowed; transcripts of testimony from the Canadian International Trade Tribunal were disallowed as they related to another tribunal; item 26 was limited to two units because the assessment was uncontested; respondent awarded $14,781.56 (Federal Court) and $2,181.74 (Federal Court of Appeal).
Court Disposition
Respondent awarded costs
Orders
- Federal Court costs assessed and allowed in the amount of $14,781.56; a certificate of assessment will be issued in the Federal Court.
- Federal Court of Appeal costs assessed and allowed in the amount of $2,181.74; a certificate of assessment will be issued in the Federal Court of Appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Industries Vogue Ltée v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2005-01-31 Neutral citation 2005 FCA 43 File numbers A-419-00 Decision Content Date: 20050131 Docket: A-419-00 Citation: 2005 FCA 43 BETWEEN: LES INDUSTRIES VOGUE LTÉE Appellant and HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] On May 19, 2000, the Federal Court allowed the action by the plaintiff Her Majesty the Queen with costs against the defendant. On April 15, 2002, the Federal Court of Appeal dismissed the appeal from that decision with costs. [2] The costs of Her Majesty the Queen incurred in both proceedings are to be assessed in writing. On December 8 and 9, 2004, we sent letters to the parties setting a schedule for the filing of their submissions. We have received no submissions in opposition to the plaintiff's bill of costs and the respondent's bill of costs. I am now prepared to proceed with the assessment. [3] The fees in the Federal Court and the court costs amounting to $50 are awarded, except for item 26. Two units are allowed for item 26, since the assessment was not opposed. The same applies to the disbursements, which are awarded since they were proven by affidavit, except for the transcripts of testimony in the Canadian International Trade Tribunal, as those were given before another tribunal and even before the case began in the Federal Court. Her Majesty the Queen's costs are accordingly assessed and allowed in the amount of $14,781.56. [4] In the Federal Court of Appeal, the fees are allowed except for item 26. As the assessment of costs was not opposed, 2 units are awarded. The disbursements are allowed as requested, since they were proven by affidavit. Her Majesty the Queen's costs are accordingly assessed and allowed in the amount of $2,181.74. [5] A copy of these reasons is entered in the Federal Court record No. T-1270-92. A certificate of assessment in the amount of $14,781.56 will be issued in the Federal Court and another certificate of assessment in the amount of $2,181.74 will be issued in the Federal Court of Appeal. (signed) DIANE PERRIER ASSESSMENT OFFICER QUÉBEC, QUEBEC January 31, 2005 Certified true translation K. Harvey FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-419-00 STYLE OF CAUSE: LES INDUSTRIES VOGUE LTÉE Appellant v. HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Québec, Quebec REASONS BY: DIANE PERRIER, ASSESSMENT OFFICER DATED: January 31, 2005 SOLICITORS OF RECORD: Ravinsky, Ryan FOR THE APPELLANT Montréal, Quebec Department of Justice Canada FOR THE RESPONDENT Montréal, Quebec