Zrig v. Canada (Minister of Citizenship and Immigration)
Respondent's fees and disbursements are allowed except for claims under item 21 which are refused because the orders made under rule 369 are silent on costs; fees assessed at $2,970, disbursements at $2,137.81, total $5,107.81 and a certificate is issued for that amount.
Source-derived case information.
- Citation
- 2005 FCA 212
- Parties
- Appellant: Mohamed Zrig; Respondent: Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 3 June 2005
- Procedural Posture
- Immigration Appeal / Assessment of Costs
- Outcome
- Respondent's costs assessed and allowed in the amount of $5,107.81; certificate issued.
- Legal Topics
- Assessment of Costs, Tariff B, Disbursements, Orders on Motions, Rule 369
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Zrig
Appellant
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Immigration Appeal / Assessment of Costs
Legal Issues
- 1 Whether the respondent's claimed fees should be allowed and in what amount
- 2 Whether claims under Tariff B item 21 are allowable when orders made under rule 369 are silent on costs
- 3 Appropriate number of tariff units to be allowed for the respondent's fees
Ratio Decidendi
Respondent's fees and disbursements are allowed except for claims under item 21 which are refused because the orders made under rule 369 are silent on costs; fees assessed at $2,970, disbursements at $2,137.81, total $5,107.81 and a certificate is issued for that amount.
Court Disposition
Respondent's costs assessed and allowed in the amount of $5,107.81; certificate issued.
Orders
- Respondent's fees assessed at $2,970 for Tariff B items 19 (7 units), 22 (3 units X 6 hours) and 26 (2 units)
- Claims under Tariff B item 21 are refused because orders under rule 369 are silent on costs
Full Case Text
Judgment text and source record
1 paragraphs
Zrig v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-03 Neutral citation 2005 FCA 212 File numbers A-33-02 Decision Content Date: 20050603 Docket: A-33-02 Citation: 2005 FCA 212 BETWEEN: MOHAMED ZRIG Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ASSESSMENT OF COSTS - REASONS [1] At the request of the respondent, the assessment of his bill of costs proceeded without personal appearance of the parties. To date, we have not received any reply to our letter dated April 12, 2005, directing the appellant to submit his written submissions by May 6, 2005. [2] After reviewing the proceedings in the file and the evidence submitted, the respondent's fees are assessed in the amount of $2,970 for the following items of Tariff B: items 19 (7 units), 22 (3 units X 6 hours) and 26 (2 units). The claims made under item 21 are refused because the orders made on motions heard in accordance with rule 369 of the Federal Court Rules are silent on the issue of costs. We have reduced the number of units for the assessment of costs given that none of it was disputed. With respect to the disbursements incurred in this appeal, they are awarded as claimed in the amount of $2,137.81. [3] Accordingly, the respondent's costs are assessed and allowed in the amount of $5,107.81. A certificate is issued for that amount. DATED AT MONTRÉAL, THE 3rd DAY OF JUNE 2005 Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET NO.: A-33-02 MOHAMED ZRIG Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: JUNE 3, 2005 SOLICITORS OF RECORD: Alarie, Legault, Beauchemin, Paquin, Jobin, Brisson & Philpot Montréal, Quebec For the appellant John Sims Deputy Attorney General of Canada Ottawa, Ontario For the respondent