Gould v. Canada (Attorney General)
The Assessment Officer disallowed the specific items for a motion for leave to appeal and for preparation of an appeal book because no leave was required and the Rules of Court do not provide for an appeal book in these judicial review proceedings, and allowed the remaining items, assessing the applicant's bill at...
Source-derived case information.
- Citation
- 2004 FCA 344
- Parties
- Applicant: Rennie E. Gould; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 October 2004
- Procedural Posture
- Judicial Review / Assessment of Costs
- Outcome
- Application for judicial review was allowed with costs; applicant's bill of costs assessed and allowed in part.
- Legal Topics
- Judicial Review, Assessment of Costs, Pension Appeals Board
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rennie E. Gould
Applicant
The Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Assessment of Costs
Legal Issues
- 1 Whether counsel fees for a motion for leave to appeal are recoverable in a judicial review where no leave was required
- 2 Whether costs for preparation of an appeal book are recoverable when the Rules of Court do not provide for that step
- 3 Proper amount to allow for costs after assessment
Ratio Decidendi
The Assessment Officer disallowed the specific items for a motion for leave to appeal and for preparation of an appeal book because no leave was required and the Rules of Court do not provide for an appeal book in these judicial review proceedings, and allowed the remaining items, assessing the applicant's bill at $1,430.00.
Court Disposition
Application for judicial review was allowed with costs; applicant's bill of costs assessed and allowed in part.
Orders
- Delete from the bill of costs items for counsel fees for a motion for leave to appeal and for preparation of an appeal book.
- Assess and allow the applicant's bill of costs in the amount of $1,430.00 payable to the applicant.
Full Case Text
Judgment text and source record
1 paragraphs
Gould v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-13 Neutral citation 2004 FCA 344 File numbers A-641-02 Decision Content Date : 20041013 Docket : A-641-02 Citation : 2004 FCA 344 BETWEEN : Rennie E. Gould Applicant -and- The Attorney General of Canada Respondent ASSESSMENT OF COSTS -REASONS FRANÇOIS PILON Assessment Officer This application for judicial review of the decision of the Pension Appeals Board was allowed with costs. Ms. Averill J. Baker, the solicitor for the applicant, filed her bill of costs on September 1, 2004 and requested it be assessed in writing. Mr. John V. Nagy, counsel for the respondent, filed his written submissions in opposition on September 17, 2004. [2] Mr. Nagy points out that counsel fees for a motion for leave to appeal is not available as no leave was necessary to commence judicial review proceedings and that similarly, no costs can be claimed for the preparation of an appeal book because the Rules of Court do not provide for such a step in this matter. The position of counsel for the respondent is correct on both issues and the two items will be deleted from the bill of costs. [3] The other items submitted by Ms. Baker will be allowed as presented. The bill of costs of the applicant, presented at $2,310.00, is assessed and allowed in the amount of $1,430.00. Halifax, Nova Scotia François Pilon 10 jjjj aa Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-641-02 STYLE OF CAUSE: Rennie E. Gould Applicant -and- The Attorney General of Canada Respondent ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF ASSESSMENT: Halifax, Nova Scotia ASSESSMENT OF COSTS - REASONS BY: François Pilon, Assessment Officer DATED: October 13, 2004 SOLICITORS OF RECORD: Averill J. Baker Law Office St. John's, NL for the Applicant Morris Rosenberg Deputy Attorney General Ottawa, Ontario for the Respondent