Sylvestre v. Canada (Industry Canada)
Court headnote
Sylvestre v. Canada (Industry Canada) Court (s) Database Federal Court Decisions Date 2005-07-19 Neutral citation 2005 FC 1005 File numbers T-1868-04 Decision Content Date: 20050719 Docket: T-1868-04 Citation: 2005 FC 1005 Between: MARTIN SYLVESTRE Applicant AND INDUSTRY CANADA Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On January 27, 2005, the Court struck out the application for judicial review filed by the applicant, with costs. The assessment of the respondent's bill of costs proceeded on the basis of the written submissions of the parties. [2] In response to the applicant's submissions filed on June 13, 2005, the respondent informed us in a letter dated June 21 that she did not intend to submit any comments. [3] In light of the foregoing, the respondent's fees are set at $840.00 for items 5 (5 units X $120/unit) and 26 (2 units X $120/unit). I reduced the number of units for the preparation of the motion record because the respondent had not provided any explanation to justify awarding the maximum units provided for that service at item 5 of Tariff B. I award 2 units for the assessment of costs since this was a very simple matter. [4] The disbursements of $285.47 incurred for photocopies ($102) and bailiff fees ($183.47) are allowed as claimed. The evidence established that they were incurred in the context of this proceeding. [5] The respondent's costs are therefore assessed and allowed in the amount of $1,125.47. A certificate is iss…
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Sylvestre v. Canada (Industry Canada) Court (s) Database Federal Court Decisions Date 2005-07-19 Neutral citation 2005 FC 1005 File numbers T-1868-04 Decision Content Date: 20050719 Docket: T-1868-04 Citation: 2005 FC 1005 Between: MARTIN SYLVESTRE Applicant AND INDUSTRY CANADA Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On January 27, 2005, the Court struck out the application for judicial review filed by the applicant, with costs. The assessment of the respondent's bill of costs proceeded on the basis of the written submissions of the parties. [2] In response to the applicant's submissions filed on June 13, 2005, the respondent informed us in a letter dated June 21 that she did not intend to submit any comments. [3] In light of the foregoing, the respondent's fees are set at $840.00 for items 5 (5 units X $120/unit) and 26 (2 units X $120/unit). I reduced the number of units for the preparation of the motion record because the respondent had not provided any explanation to justify awarding the maximum units provided for that service at item 5 of Tariff B. I award 2 units for the assessment of costs since this was a very simple matter. [4] The disbursements of $285.47 incurred for photocopies ($102) and bailiff fees ($183.47) are allowed as claimed. The evidence established that they were incurred in the context of this proceeding. [5] The respondent's costs are therefore assessed and allowed in the amount of $1,125.47. A certificate is issued for that amount. DATED AT MONTRÉAL, THE 19TH DAY OF JULY 2005 Signed: "Michelle Lamy" MICHELLE LAMY ASSESSEMENT OFFICER Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD COURT DOCKET NO.: T-1868-04 Between: MARTIN SYLVESTRE Applicant AND INDUSTRY CANADA Respondent ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: July 19, 2005 SOLICITORS OF RECORD: John Sims Deputy Attorney General of Canada Ottawa, Ontario For the respondent
Source: decisions.fct-cf.gc.ca