Lavigne v. Canada (Minister of Human Resources Development)
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Lavigne v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-28 Neutral citation 2001 FCA 370 File numbers A-913-96 Decision Content Date: 20011128 Docket: A-913-96 Neutral citation: 2001 FCA 370 Between: ROBERT LAVIGNE Applicant - Appellant and HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) and HER MAJESTY THE QUEEN Respondents and THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor TAXATION OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On July 18, 2001, Me Raymond Piché filed a bill of costs pursuant to a judgment rendered by this Court dismissing the appeal with costs to the Respondents only. [2] In a letter accompanying his bill of costs, Me Piché requested that the taxation proceed without personal appearance of parties. On August 3, 2001, letters were sent to the parties inviting them to file and serve their written representations and since none were filed, the Respondents' costs are hereby assessed. [3] For counsel fees, Me Piché claims 7 units under item 19, 3 units under item 22a) and 6 units under item 26 representing the maximum amount of units for each of these items. I normally hesitate to intervene in the absence of representations of an opposing party while taxing a bill of costs. However, since the Appellant is not represented by counsel and considering the provision of rule 400, the maximum number of units claimed under item 19 will be reduced to 5 uni…
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Lavigne v. Canada (Minister of Human Resources Development) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-28 Neutral citation 2001 FCA 370 File numbers A-913-96 Decision Content Date: 20011128 Docket: A-913-96 Neutral citation: 2001 FCA 370 Between: ROBERT LAVIGNE Applicant - Appellant and HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) and HER MAJESTY THE QUEEN Respondents and THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor TAXATION OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On July 18, 2001, Me Raymond Piché filed a bill of costs pursuant to a judgment rendered by this Court dismissing the appeal with costs to the Respondents only. [2] In a letter accompanying his bill of costs, Me Piché requested that the taxation proceed without personal appearance of parties. On August 3, 2001, letters were sent to the parties inviting them to file and serve their written representations and since none were filed, the Respondents' costs are hereby assessed. [3] For counsel fees, Me Piché claims 7 units under item 19, 3 units under item 22a) and 6 units under item 26 representing the maximum amount of units for each of these items. I normally hesitate to intervene in the absence of representations of an opposing party while taxing a bill of costs. However, since the Appellant is not represented by counsel and considering the provision of rule 400, the maximum number of units claimed under item 19 will be reduced to 5 units and under item 26 to 2 units. [4] The claim of $ 934.68 representing disbursements for photocopies and service of documents, supported by the affidavit of Antoine Lippé, is allowed. [5] The Respondent's bill of costs is assessed and allowed in the amount of $ 1,749.00 for assessable services and $ 934.68 for disbursements. A certificate of taxation is issued in the amount of $ 2,683.68 RICHARD LARABIE ASSESSMENT OFFICER MONTREAL, QUEBEC November 28, 2001 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS ON THE RECORD COURT FILE NO.: A-913-96 STYLE OF CAUSE: ROBERT LAVIGNE Applicant - Appellant and HUMAN RESOURCES DEVELOPMENT (FORMERLY HEALTH AND WELFARE CANADA) and HER MAJESTY THE QUEEN Respondents and THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES Intervenor ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF TAXATION: Montreal, Quebec ASSESSMENT OF COSTS - REASONS BY: RICHARD LARABIE, ASSESSMENT OFFICER DATE OF REASONS: November 28, 2001 SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the Respondent
Source: decisions.fca-caf.gc.ca