Nguyen v. Canada (Public Safety and Emergency Preparedness)

Nguyen v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database
Federal Court Decisions
Date
2009-04-27
Neutral citation
2009 FC 420
File numbers
T-2032-06
Decision Content
Date: 20090427
Docket: T-2032-06
Citation: 2009 FC 420
[ENGLISH TRANSLATION]
BETWEEN:
THI THUY NGUYEN
Applicant
and
MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
ASSESSMENT OF COSTS – REASONS
ASSESSMENT OFFICER JOHANNE PARENT
[1] On December 6, 2007, the Court dismissed with costs the application for judicial review to review the legality of a decision by the respondent. Instructions were sent to the parties on December 18, 2008, which confirmed the assessment of the respondent’s bill of costs without personal appearance of the parties, as well as the time provided for the parties to file written representations. Representatives for the respondent filed an affidavit in support of their bill of costs within the time allowed. Although the applicant was served the instructions dated December 18, 2008, as well as the respondent’s bill of costs and affidavit of costs by registered mail and fax, no written representations were received, not even an application for an extension of time to do so. The assessment of the bill of costs will therefore be conducted, despite his lack of challenge.
[2] The number of units claimed under items 2 (preparation and filing of the respondent’s record), 13 (preparation for hearing), 14 (attendance at Court), 25 (services rendered after judgment) and 16 (assessment of costs) are allowed as requested. The expenses incurred by the respondent are justified by affidavit and are considered necessary and reasonable costs for the conduct of the case. They are therefore allowed in the total amount of $1,151.28.
[3] The respondent’s bill of costs is allowed in the amount of $3,941.28. An assessment certificate will be issued for this amount.
“Johanne Parent”
Assessment Officer
Toronto, Ontario
April 27, 2009
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2032-06
STYLE OF CAUSE: THI THUY NGUYEN v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
ASSESSMENT OF COSTS ON FILE WITHOUT APPEARANCE OF THE PARTIES
PLACE OF ASSESSMENT: TORONTO, ONTARIO
ASSESSMENT OF COSTS – REASONS: ASSESSMENT OFFICER
JOHANNE PARENT
DATED: APRIL 27, 2009
WRITTEN REPRESENTATIONS:
No written representations
FOR THE APPLICANT
Jacques Mimar
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Gerardo Nicolo
Laval, Québec
FOR THE APPLICANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT