Laforme V. Mississaugas
The assessment officer examined the bill against the Federal Court Rules and Tariff B, applied the unit value of 110 effective April 1, 2001 (rather than the unit value of 200 claimed by the appellant), and reduced the bill accordingly, awarding $2,952.90.
Source-derived case information.
- Citation
- 2001 FCA 287
- Parties
- Appellant: MARVIN LAFORME; Respondent: BAND COUNCIL OF THE MISSISSAUGAS OF THE NEW CREDIT FIRST NATION
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 September 2001
- Procedural Posture
- Appeal to Federal Court of Appeal / Assessment of Costs After Appeal Allowed
- Outcome
- Appellant's bill of costs allowed in part and reduced to $2,952.90.
- Legal Topics
- Bill of Costs, Tariff B, Unit Value, Costs Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MARVIN LAFORME
Appellant
BAND COUNCIL OF THE MISSISSAUGAS OF THE NEW CREDIT FIRST NATION
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Assessment of Costs After Appeal Allowed
Legal Issues
- 1 Proper unit value under Tariff B to be applied
- 2 Entitlement to costs following successful appeal
- 3 Assessment of a bill of costs in absence of respondent submissions
Ratio Decidendi
The assessment officer examined the bill against the Federal Court Rules and Tariff B, applied the unit value of 110 effective April 1, 2001 (rather than the unit value of 200 claimed by the appellant), and reduced the bill accordingly, awarding $2,952.90.
Court Disposition
Appellant's bill of costs allowed in part and reduced to $2,952.90.
Orders
- Appellant awarded costs in the amount of $2,952.90.
Full Case Text
Judgment text and source record
1 paragraphs
Laforme V. Mississaugas Court (s) Database Federal Court of Appeal Decisions Date 2001-09-28 Neutral citation 2001 FCA 287 File numbers A-455-96 Decision Content Date: 20010928 Docket: A-455-96 Neutral citation: 2001 FCA 287 BETWEEN: MARVIN LAFORME Appellant - and - BAND COUNCIL OF THE MISSISSAUGAS OF THE NEW CREDIT FIRST UNION Respondent ASSESSMENT OF COSTS - REASONS R. BEZUHLY ASSESSMENT OFFICER [1] On May 11, 2000, the Federal Court of Appeal allowed the appeal with costs. The Appellant filed a bill of costs in writing without personal appearance. Directions were issued to both parties setting a timetable for serving and filing of materials, including written submissions. The Respondent, did not file any submissions in response. [2] In absence of a response from the Respondent, I examined the items claimed in the bill of costs to ensure that they were within the parameters of the Federal Court Rules and Tariff B. As per Tariff B, I have used the unit value of 110 effective April 1, 2001, not a unit value of 200 as specified in Appellant's Bill of Costs. Therefore, I allow the Appellant's Bill of Costs, presented at $4,662.90, at $2,952.90. R. Bezuhly Assessment Officer Toronto, Ontario September 28, 2001 FEDERAL COURT OF CANADA Date: 20010928 Docket: A-455-96 BETWEEN: MARVIN LAFORME Appellant - and - BAND COUNCIL OF THE MISSISSAUGAS OF THE NEW CREDIT FIRST NATION Respondent ASSESSMENT OF COSTS - REASONS