Marchand Syndics Inc. v. Laperrière
Court headnote
Marchand Syndics Inc. v. Laperrière Court (s) Database Federal Court of Appeal Decisions Date 2008-03-04 Neutral citation 2008 FCA 83 File numbers A-658-04 Decision Content Date: 20080304 Docket: A-658-04 Citation: 2008 FCA 83 BETWEEN: MARCHAND SYNDICS INC., trustee GEORGES E. MARCHAND, trustee BRUNO MARCHAND, trustee Appellants and SYLVIE LAPERRIÈRE Respondent ASSESSMENT OF COSTS – REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] This is the assessment of the respondent’s bill of costs pursuant to the Federal Court of Appeal judgment dated November 10, 2006, dismissing the appeal of a Federal Court decision with costs under Column V of Tariff B. [2] On December 20, 2006, the respondent filed her bill of costs and requested that it be taxed without personal appearance. On October 26, 2007, letters were sent to the parties setting out a timetable. We received the parties’ representations. I am now ready to assess the costs based on the documentation in the docket. [3] The fees are allowed in the amount of $3,600. The fees are allowed as follows: item 19 – memorandum of fact and law (10 units), item 22(a) – counsel fee on hearing of appeal to first counsel, per hour (3.5 hours x 4 units), item 25 – services after judgment (1 unit) and item 26 – assessment of costs (5 units). Pursuant to the respondent’s request in her representations and based on the transcript of the hearing, I adjusted the length of the appeal hearing to 3.5 hours. [4] On the other hand, all the expenses incurre…
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Marchand Syndics Inc. v. Laperrière Court (s) Database Federal Court of Appeal Decisions Date 2008-03-04 Neutral citation 2008 FCA 83 File numbers A-658-04 Decision Content Date: 20080304 Docket: A-658-04 Citation: 2008 FCA 83 BETWEEN: MARCHAND SYNDICS INC., trustee GEORGES E. MARCHAND, trustee BRUNO MARCHAND, trustee Appellants and SYLVIE LAPERRIÈRE Respondent ASSESSMENT OF COSTS – REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] This is the assessment of the respondent’s bill of costs pursuant to the Federal Court of Appeal judgment dated November 10, 2006, dismissing the appeal of a Federal Court decision with costs under Column V of Tariff B. [2] On December 20, 2006, the respondent filed her bill of costs and requested that it be taxed without personal appearance. On October 26, 2007, letters were sent to the parties setting out a timetable. We received the parties’ representations. I am now ready to assess the costs based on the documentation in the docket. [3] The fees are allowed in the amount of $3,600. The fees are allowed as follows: item 19 – memorandum of fact and law (10 units), item 22(a) – counsel fee on hearing of appeal to first counsel, per hour (3.5 hours x 4 units), item 25 – services after judgment (1 unit) and item 26 – assessment of costs (5 units). Pursuant to the respondent’s request in her representations and based on the transcript of the hearing, I adjusted the length of the appeal hearing to 3.5 hours. [4] On the other hand, all the expenses incurred in this matter are allowed in the amount of $561.35 since they were established by affidavit and not challenged. [5] In conclusion, the respondent’s costs are assessed and allowed at $4,161.35. A certificate of assessment is issued for this amount. QUÉBEC, QUEBEC, March 4, 2008 “Diane Perrier” DIANE PERRIER ASSESSMENT OFFICER Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-658-04 STYLE OF CAUSE: MARCHAND SYNDICS INC., trustee and GEORGES E. MARCHAND, trustee and BRUNO MARCHAND, trustee v. SYLVIE LAPERRIÈRE ASSESSMENT OF BILL OF COSTS WITHOUT APPEARANCE BY THE PARTIES REASONS BY DIANE PERRIER, ASSESSMENT OFFICER DATED: March 4, 2008 WRITTEN SUBMISSIONS: Jean-Philippe Gervais FOR THE APPELLANTS Bernard Letarte FOR THE RESPONDENT SOLICITORS OF RECORD: Gervais & Gervais Montréal, Quebec FOR THE APPELLANTS John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca