Marcoux v. Canada (Attorney General)
The Assessment Officer allowed the claimed fee units for items 19, 22(a), 25 and 26, accepted the application of the new tariff values effective April 1, 2001 increasing the services amount to $1,595, allowed disbursements of $1,025.33 and assessed total costs in favour of the respondent at $2,620.33, issuing a...
Source-derived case information.
- Citation
- 2002 FCA 15
- Parties
- Appellant: Yvette Marcoux; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 January 2002
- Procedural Posture
- Appeal / Costs Assessment (post Judgment)
- Outcome
- Respondent's costs assessed and allowed.
- Legal Topics
- Assessment of Costs, Tariff Valuation, Disbursements, Certificate of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yvette Marcoux
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal / Costs Assessment (post Judgment)
Legal Issues
- 1 Whether the claimed fee units for items 19, 22(a), 25 and 26 should be allowed
- 2 Whether the new tariff values effective April 1, 2001 apply to the assessed fees
- 3 Whether disbursements claimed should be allowed and a certificate issued
Ratio Decidendi
The Assessment Officer allowed the claimed fee units for items 19, 22(a), 25 and 26, accepted the application of the new tariff values effective April 1, 2001 increasing the services amount to $1,595, allowed disbursements of $1,025.33 and assessed total costs in favour of the respondent at $2,620.33, issuing a certificate for that amount.
Court Disposition
Respondent's costs assessed and allowed.
Orders
- Costs awarded to Attorney General of Canada in the amount of $2,620.33.
- Disbursements awarded in the amount of $1,025.33.
Full Case Text
Judgment text and source record
1 paragraphs
Marcoux v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-15 Neutral citation 2002 FCA 15 File numbers A-816-99 Decision Content Date: 20020115 Docket: A-816-99 Citation: 2002 FCA 15 BETWEEN: YVETTE MARCOUX Appellant - and - ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] This is an appeal from a Trial Division judgment which was dismissed with costs on April 2, 2001. [2] Patrick Vézina, counsel for the defendant, filed his bill of costs on July 13, 2001 and asked that it be assessed without a personal appearance by the parties. As no written submissions have been received within the specified deadlines, we will proceed to assess the defendant's bill. [3] As fees counsel for the defendant claimed the following items: item 19 5 units item 22(a) 2 units item 25 1 unit item 26 4 units These claims seem reasonable in the circumstances and will be awarded. However, Mr. Vézina based the value of each unit on setting out the new value of the Tariff in effect on April 1, 2001. Consequently, the total amount of the services to be assessed will increase from $1,450 to $1,595. [4] The amount of $1,025.33 is awarded for disbursements to be assessed. [5] The defendant's costs are assessed and allowed in the amount of $2,620.33. A certificate will be issued for that amount. Halifax, Nova Scotia January 15, 2001 (signed) François Pilon Assessment Officer Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-816-99 BETWEEN: YVETTE MARCOUX Appellant - and - ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE REASONS BY: François Pilon, Assessment Officer PLACE OF ASSESSMENT: Halifax, Nova Scotia DATE OF REASONS: January 15, 2002 SOLICITORS OF RECORD: Pothier, Delisle FOR THE PLAINTIFF Sainte-Foy, Quebec Morris Rosenberg FOR THE DEFENDANT Deputy Attorney General of Canada Ottawa, Ontario