Aubertin v. Canada (Attorney General)
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Aubertin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-07-24 Neutral citation 2003 FCA 310 File numbers A-75-02 Decision Content Date: 20030724 Docket: A-75-02 Citation: 2003 FCA 310 Between: RAOUL AUBERTIN Appellant and THE ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS SUZANNE DAVID, ASSESSMENT OFFICER [1] This is an appeal from a judgment of the Trial Division which was dismissed with costs by the Federal Court of Appeal on February 24, 2003. [2] On May 6 last the respondent filed his bill of costs and asked that the assessment proceed without a personal appearance by the parties. Deadlines for the filing of written submissions were accordingly set and letters sent to the parties. As the said deadlines have now expired and no written submission has been filed, we shall proceed with assessment of the respondent's costs. [3] On assessable services, the following amounts were claimed for counsel's fees: - item 19: $110.00; - item 22(a) ($110 x 3 x 1.75 hrs.) = $557.50; - item 26: $110.00. In view of the provisions of Rule 407, which reads as follows: Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column III of the table to Tariff B. the following amounts, representing the minimum number of units under column III, will be awarded: - item 19: 4 units x $110 = $440.00; - item 26: 2 units x $110 = $220.00; - item 22(a): is awarded in the number of units requested, for…
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Aubertin v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2003-07-24 Neutral citation 2003 FCA 310 File numbers A-75-02 Decision Content Date: 20030724 Docket: A-75-02 Citation: 2003 FCA 310 Between: RAOUL AUBERTIN Appellant and THE ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS SUZANNE DAVID, ASSESSMENT OFFICER [1] This is an appeal from a judgment of the Trial Division which was dismissed with costs by the Federal Court of Appeal on February 24, 2003. [2] On May 6 last the respondent filed his bill of costs and asked that the assessment proceed without a personal appearance by the parties. Deadlines for the filing of written submissions were accordingly set and letters sent to the parties. As the said deadlines have now expired and no written submission has been filed, we shall proceed with assessment of the respondent's costs. [3] On assessable services, the following amounts were claimed for counsel's fees: - item 19: $110.00; - item 22(a) ($110 x 3 x 1.75 hrs.) = $557.50; - item 26: $110.00. In view of the provisions of Rule 407, which reads as follows: Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column III of the table to Tariff B. the following amounts, representing the minimum number of units under column III, will be awarded: - item 19: 4 units x $110 = $440.00; - item 26: 2 units x $110 = $220.00; - item 22(a): is awarded in the number of units requested, for an amount of $577.50, this amount making allowance for the correction of a computation error. Assessable services are accordingly awarded in a total amount of $1,237.50. [4] On disbursements, consisting of bailiffs' fees and photocopies, these are considered reasonable and necessary for the proceeding and are awarded as requested, in the amount of $377.80. [5] The bill of costs is assessed and allowed in the amount of $1,615.30. A certificate is issued in that amount. "Suzanne David" Assessment Officer MONTRÉAL, QUEBEC July 24, 2003 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF APPEAL Date: 20030724 Docket: A-75-02 BETWEEN: RAOUL AUBERTIN Appellant and THE ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF APPEAL SOLICITORS OF RECORD COURT FILE No.: A-75-02 Between: RAOUL AUBERTIN Appellant and THE ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY: SUZANNE DAVID, ASSESSMENT OFFICER DATE OF REASONS: July 24, 2003 SOLICITORS OF RECORD: Ouellet, Nadon et Associés FOR THE APPELLANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fca-caf.gc.ca