Donat Flamand Inc. v. Canada
Court headnote
Donat Flamand Inc. v. Canada Court (s) Database Federal Court Decisions Date 2005-03-17 Neutral citation 2005 FC 378 File numbers T-147-95 Decision Content À Date: 20050317 Docket: T-147-95 Citation: 2005 FC 378 BETWEEN: DONAT FLAMAND INC. Plaintiff and HER MAJESTY THE QUEEN Defendant ASSESSMENT OF COSTS - REASONS DIANE PERRIER - ASSESSMENT OFFICER [1] On October 3, 2000, the Honourable Mr. Justice Blais dismissed the action, with costs to the defendant. [2] Daniel Marecki, counsel for the defendant, filed the bill of costs on September 16, 2004, together with a request for an assessment without personal appearance by the parties. [3] A letter setting a timetable for filing representations was sent to the parties. Since no representations have been filed to date, I will now proceed with the assessment of costs based on the documentation in the docket. [4] All of the fees claimed are allowed, except for items 6 and 26. Item 6, which relates to the January 13, 2000 hearing of a motion to review the order dated October 29, 1999, will be refused, since Nadon J.'s order makes no mention as to costs. In accordance with a well-established rule, these costs may not be recovered unless there is an explicit order in this regard. Item 26 will be reduced from four units to two, since the assessment is uncontested. [5] Disbursements in the amount of $10.70 are allowed, since they are reasonable and established by Mr. Marecki's affidavit. [6] The defendant's costs are assessed at $2,980.70…
Read full judgment
Donat Flamand Inc. v. Canada Court (s) Database Federal Court Decisions Date 2005-03-17 Neutral citation 2005 FC 378 File numbers T-147-95 Decision Content À Date: 20050317 Docket: T-147-95 Citation: 2005 FC 378 BETWEEN: DONAT FLAMAND INC. Plaintiff and HER MAJESTY THE QUEEN Defendant ASSESSMENT OF COSTS - REASONS DIANE PERRIER - ASSESSMENT OFFICER [1] On October 3, 2000, the Honourable Mr. Justice Blais dismissed the action, with costs to the defendant. [2] Daniel Marecki, counsel for the defendant, filed the bill of costs on September 16, 2004, together with a request for an assessment without personal appearance by the parties. [3] A letter setting a timetable for filing representations was sent to the parties. Since no representations have been filed to date, I will now proceed with the assessment of costs based on the documentation in the docket. [4] All of the fees claimed are allowed, except for items 6 and 26. Item 6, which relates to the January 13, 2000 hearing of a motion to review the order dated October 29, 1999, will be refused, since Nadon J.'s order makes no mention as to costs. In accordance with a well-established rule, these costs may not be recovered unless there is an explicit order in this regard. Item 26 will be reduced from four units to two, since the assessment is uncontested. [5] Disbursements in the amount of $10.70 are allowed, since they are reasonable and established by Mr. Marecki's affidavit. [6] The defendant's costs are assessed at $2,980.70. A certificate of assessment in this amount will be issued. ___________________________ DIANE PERRIER ASSESSMENT OFFICER QUÉBEC, QUEBEC March 17, 2005 Certified true translation Michael Palles FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-147-95 STYLE OF CAUSE: Donat Flamand Inc. v. Her Majesty the Queen ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Québec, Quebec REASONS OF DIANE PERRIER, ASSESSMENT OFFICER DATED: March 17, 2005 SOLICITORS OF RECORD: Jules Turcotte FOR THE PLAINTIFF Québec, Quebec John H. Sims FOR THE DEFENDANT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca