Hoosain v. Canada (Citizenship and Immigration)
Because the matter was straightforward, the memorandum was 17 pages and there was no opposition, the Assessment Officer reduced the claimed nine tariff units to six (four units for item 19 and two units for item 26), awarded disbursements of $85.40 as proven, assessed the Bill of Costs at $848.60 and issued a...
Source-derived case information.
- Citation
- 2007 FCA 413
- Parties
- Applicant: Noor Hossain; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 31 December 2007
- Procedural Posture
- Assessment of Costs (post Judgment) / Assessment Before an Assessment Officer (written Submissions, No Appearance)
- Outcome
- Bill of Costs assessed and allowed in the reduced amount of $848.60; certificate issued.
- Legal Topics
- Assessment of Costs, Tariff B Unit Reductions, Disbursements, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Noor Hossain
Applicant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Assessment of Costs (post Judgment) / Assessment Before an Assessment Officer (written Submissions, No Appearance)
Legal Issues
- 1 Whether claimed tariff units for preparation of memorandum and assessment of costs should be allowed in full
- 2 Whether disbursements claimed were properly established and should be awarded
- 3 Whether a certificate for the allowed amount should be issued
Ratio Decidendi
Because the matter was straightforward, the memorandum was 17 pages and there was no opposition, the Assessment Officer reduced the claimed nine tariff units to six (four units for item 19 and two units for item 26), awarded disbursements of $85.40 as proven, assessed the Bill of Costs at $848.60 and issued a certificate for that amount.
Court Disposition
Bill of Costs assessed and allowed in the reduced amount of $848.60; certificate issued.
Orders
- Bill of Costs assessed and allowed in the amount of $848.60.
- Disbursements awarded as claimed in the amount of $85.40.
Full Case Text
Judgment text and source record
1 paragraphs
Hoosain v. Canada (Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2007-12-31 Neutral citation 2007 FCA 413 File numbers A-374-06 Decision Content Date: 20071231 Docket: A-374-06 Citation: 2007 FCA 413 BETWEEN: NOOR HOSSAIN Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ASSESSMENT OF COSTS- REASONS Willa Doyle Assessment Officer [1] The Respondent filed a Bill of Costs with the Federal Court of Appeal Registry in Montréal on September 5, 2007 following a Judgment of the Federal Court of Appeal. The July 6, 2007 Judgment of the Federal Court of Appeal as pronounced by the Honourable Mr. Justice Létourneau, JA stated: “The appellant has failed to respond to the Notice of Status Review of May 16, 2007 within a stipulated time. The Appeal is dismissed with costs”. [2] The Respondent requested the matter proceed without personal appearance. On October 23, 2007 I issued a timetable for written disposition of the assessment of the Respondent’s Bill of Costs. To date, I have not received any submissions beyond the Bill of Costs and supporting affidavit. I will therefore now proceed with the assessment based on the documentation on the file. [3] The Respondent is seeking fees for two assessable services; six units for item 19 – preparation of the Respondent’s memorandum of fact and law and three units for item 26 – assessment of costs. Upon looking at the file, it is my respectful opinion, that I must reduce the allowable assessable services units to the lower range of Federal Courts Rules Tariff B column 3 for each of these two services. This is based on the fact that the matter appears straightforward with the Respondent’s memorandum containing seventeen pages in total coupled with the fact that there was no opposition to the assessment of costs. Item 19 will be allowed at four units and item 26 will be allowed at two units. The total assessable services on this Bill of Costs will therefore be reduced from the claimed nine units to an allowed six units. [4] Disbursements are awarded as claimed in the amount of $85.40 since they were established in the affidavit of Dominique Castagne and supported by attached exhibits. [5] The Bill of Costs presented at $1,230.20 is accordingly assessed and allowed in the amount of $848.60. A certificate is issued in the Federal Court of Appeal proceeding for $848.60. Willa Doyle Assessment Officer Fredericton, New Brunswick December 31, 2007 FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-374-06 STYLE OF CAUSE: Noon Hoosain – and – The Minister of Citizenship and Immigration MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: W. Doyle, Assessment Officer DATED: December 31, 2007 WRITTEN REPRESENTATIONS BY: FOR THE APPLICANT FOR THE RESPONDENT SOLICITORS OF RECORD: William Sloan Montréal, Québec FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT