Desrochers v. Canada (Attorney General)

Desrochers v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-07-12 Neutral citation 2004 FCA 260 File numbers A-644-00 Decision Content Date: 20040712 Docket: A-644-00 Citation: 2004 FCA 260 Between: LOUIS DESROCHERS Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT COSTS -REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On April 13, 2000, the Federal Court dismissed Louis Desrochers' application for judicial review and ordered him to pay costs on the basis of Tariff B, Column V. On September 18, 2002, the Federal Court of Appeal dismissed the appeal of that decision with costs. [2] This is a written assessment of the costs incurred by the Attorney General of Canada in the two cases. On April 23, 2004, we sent copies of the bills of cost to Mr. Desrochers so that he could make his submissions. The envelope was returned to us on May 12, 2004, marked "unclaimed." [3] The fees in Federal Court are allowed in the amount of $25,412.50 for the following services: item 2 (12 units), item 5 (3 motions X 10 units/motion), item 6 ($250 following the order by Teitelbaum J. dated March 6, 2000), item 8 (3 examinations X 10 units/examination), item 9 (5 examinations lasting 21.75 hours X 5 units/hour), item 13(a) (10 units), item 14(a) (6 hours X 5 units/hour) and item 26 (8 units). We refused the claim under item 7 since this item is for compensating services rendered under rules 222 et seq. of the Federal Court Rules, 1998, in relation to a discovery in the context of an action. No units are allowed under item 24 because only the Court has the discretion to grant this. With respect to the assessment of costs, we allow 8 units since that procedure is not contested. The disbursements in the amount of $3,640.98 for stenographer fees, photocopies and bailiff fees are awarded as requested as they have been established by affidavit. [4] In the Federal Court of Appeal, the fees are assessed in the amount of $2,447.50 for the following services: item 21(a) (4 units/Column IV according to the order by Noël J.A. dated July 20, 2001), item 19 (7 units), 22(a) (185 minutes X 3 units/hour) and item 26 (2 units). We have reduced the number of units for the assessment of costs because only the motion to reconsider can be assessed under Column IV of Tariff B. Further, in our view 2 units for this procedure are reasonable compensation since it was not contested. The expenses incurred for bailiff fees and photocopies in the amount of $423.11, evidence of which were established by affidavit, are approved. [5] A copy of these reasons is placed in the Federal Court record bearing docket number T-1567-98. A certificate in the amount of $29,053.48 is issued for the Federal Court and another in the amount of $2,870.61 is issued for the Federal Court of Appeal. Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC July 12, 2004 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-644-00 Between: LOUIS DESROCHERS Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal , Quebec REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: July 12, 2004 SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT