Archambault v. Canada
Allow items 19, 22(a), 25 and 26 as taxable; deny item 17 because it applies to filing the notice of appeal not the filing of an appearance; deny the 3 units claimed under item 21(a) because the interlocutory order was silent on costs; accept proven disbursements of $545.64; assess and allow respondent's costs in...
Source-derived case information.
- Citation
- 2002 FCA 379
- Parties
- Appellant: René Archambault; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 October 2002
- Procedural Posture
- Assessment of Costs Appeal / Assessment in Writing Without Personal Appearance
- Outcome
- Respondent's bill of costs assessed and allowed in the amount of $2,013.04; specific tariff items allowed and denied as set out in reasons; certificate to be issued.
- Legal Topics
- Assessment of Costs, Taxable Disbursements, Bill of Costs, Interlocutory Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
René Archambault
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Assessment of Costs Appeal / Assessment in Writing Without Personal Appearance
Legal Issues
- 1 Whether specific tariff items claimed are taxable
- 2 Whether item 17 applies to filing of appearance or notice of appeal
- 3 Whether units claimed under item 21(a) are taxable given silence of interlocutory order on costs
Ratio Decidendi
Allow items 19, 22(a), 25 and 26 as taxable; deny item 17 because it applies to filing the notice of appeal not the filing of an appearance; deny the 3 units claimed under item 21(a) because the interlocutory order was silent on costs; accept proven disbursements of $545.64; assess and allow respondent's costs in the amount of $2,013.04 and issue a certificate for that amount.
Court Disposition
Respondent's bill of costs assessed and allowed in the amount of $2,013.04; specific tariff items allowed and denied as set out in reasons; certificate to be issued.
Orders
- Respondent's costs assessed and allowed in the amount of $2,013.04.
- Assessment Officer will issue a certificate for the amount of $2,013.04.
Full Case Text
Judgment text and source record
1 paragraphs
Archambault v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-10-09 Neutral citation 2002 FCA 379 File numbers A-80-00 Decision Content Date: 20021009 Docket: A-80-00 Neutral citation: 2002 FCA 379 BETWEEN: RENÉ ARCHAMBAULT Appellant - and - HER MAJESTY THE QUEEN Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] The appeal was dismissed with costs on November 21, 2001. On August 16, 2002, Nathalie Labbé, counsel for the Department of Justice, filed the respondent's bill of costs and asked that it be assessed without a personal appearance by the parties. As there have been no written submissions by the appellant within the deadlines specified by the Registry, we will proceed to assess Her Majesty's bill of costs. [2] The taxable services under items 19 and 22(a) and the services rendered under items 25 and 26 are allowed. The claim under item 17 for preparation, filing and service of the notice of appearance is denied. In my opinion, that item applies to the filing of the notice of appeal, not filing of the appearance. Further, the 3 units claimed in item 21(a) following the interlocutory order made on June 8, 2000, are denied as the Court said nothing about costs for the motion in question. [3] The taxable disbursements were proven in the affidavit in support of the bill of costs and are allowed in the amount of $545.64. The respondent's costs are assessed and allowed in the amount of $2,013.04. A certificate of the assessment officer will be issued for that amount. "François Pilon" Assessment Officer Halifax, Nova Scotia October 9, 2002 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-80-00 BETWEEN: RENÉ ARCHAMBAULT and HER MAJESTY THE QUEEN ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE REASONS BY: François Pilon, Assessment Officer PLACE OF ASSESSMENT: Halifax, Nova Scotia DATE OF REASONS: October 9, 2002 SOLICITORS OF RECORD: Jodoin, Huppé for the appellant Granby, Quebec Morris Rosenberg for the respondent Deputy Attorney General of Canada Ottawa, Ontario