Canadian Council of Railway Operating Unions c. Adams
The assessment officer allowed the defendant Robert Adams' costs as the successful party and assessed the fees and disbursements claimed under Tariff B as supported by the written submissions, resulting in an allowed total of $3,339.90 and issuance of a certificate for that amount.
Source-derived case information.
- Citation
- 2002 FCA 399
- Parties
- Plaintiff: THE CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS; Defendant: ROBERT ADAMS; Defendant: CANADIAN INDUSTRIAL RELATIONS BOARD; Defendant: COMPAGNIE DE CHEMIN DE FER ST-LAURENT & HUDSON LIMITÉE
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 October 2002
- Procedural Posture
- Application for Judicial Review / Assessment of Costs
- Outcome
- Application for judicial review dismissed; costs awarded to defendant Robert Adams; certificate issued for $3,339.90.
- Legal Topics
- Judicial Review, Assessment of Costs, Tariff B, Disbursements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS
Plaintiff
ROBERT ADAMS
Defendant
CANADIAN INDUSTRIAL RELATIONS BOARD
Defendant
COMPAGNIE DE CHEMIN DE FER ST-LAURENT & HUDSON LIMITÉE
Defendant
Procedural Posture
Application for Judicial Review / Assessment of Costs
Legal Issues
- 1 Whether costs should be awarded to the successful defendant
- 2 Whether the defendant's fees and disbursements claimed under Tariff B are allowable and in what amounts
Ratio Decidendi
The assessment officer allowed the defendant Robert Adams' costs as the successful party and assessed the fees and disbursements claimed under Tariff B as supported by the written submissions, resulting in an allowed total of $3,339.90 and issuance of a certificate for that amount.
Court Disposition
Application for judicial review dismissed; costs awarded to defendant Robert Adams; certificate issued for $3,339.90.
Orders
- Defendant Robert Adams awarded costs in the amount of $3,339.90.
- A certificate is issued for $3,339.90.
Full Case Text
Judgment text and source record
1 paragraphs
Canadian Council of Railway Operating Unions c. Adams Court (s) Database Federal Court of Appeal Decisions Date 2002-10-18 Neutral citation 2002 FCA 399 File numbers A-719-00 Decision Content Date: 20021018 Docket: A-719-00 Neutral citation: 2002 FCA 399 Between: THE CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Plaintiff and ROBERT ADAMS and CANADIAN INDUSTRIAL RELATIONS BOARD and COMPAGNIE DE CHEMIN DE FER ST-LAURENT & HUDSON LIMITÉE Defendants ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is an application for judicial review dismissed with costs in favour of the defendant Robert Adams only. [2] Based on the parties' written submissions, the defendant's fees are allowed in the amount of $2,467.29 (that is, $2,145.00 plus tax) for the following services covered by Tariff B: - 7 units under item 2 for preparation of the defendant's record, filed pursuant to Rule 310 of the Federal Court Rules (1998), which includes his affidavit and his memorandum of fact and law; - 3 units under item 14(a) for hearing of the application for judicial review in the amount of $825.00, that is, 3 units x $110.00/unit x 2.5 hours (actual time of hearing in Court of Appeal); - 1 unit under item 25 for services after judgment; - 4 units under item 26 for assessment of costs. [3] The disbursements incurred in this case were not disputed and are awarded as requested in the amount of $872.61. [4] The defendant Robert Adams' bill of costs is accordingly assessed and allowed in the amount of $3,339.90. A certificate is issued for that amount. "Michelle Lamy" Assessment Officer MONTRÉAL, QUEBEC October 18, 2002 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20021018 Docket: A-719-00 BETWEEN: THE CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS Plaintiff and ROBERT ADAMS and CANADIAN INDUSTRIAL RELATIONS BOARD and COMPAGNIE DE CHEMIN DE FER ST-LAURENT & HUDSON LIMITÉE Defendants ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD COURT FILE No.: A-719-00 Between: THE CANADIAN COUNCIL OF RAILWAY OPERATING UNIONS and ROBERT ADAMS and CANADIAN INDUSTRIAL RELATIONS BOARD and COMPAGNIE DE CHEMIN DE FER ST-LAURENT & HUDSON LIMITÉE ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: October 18, 2002 SOLICITORS OF RECORD: Caley & Wray for the plaintiff Toronto, Ontario Schurman, Longo & Duggan for the defendant Robert Adams Montréal, Quebec Canadien Pacifique Limitée for the defendants Canada Industrial Calgary, Alberta Relations Board and Compagnie de chemin de fer St-Laurent & Hudson Limitée