Elomari v. Canada (National Research Council)

Elomari v. Canada (National Research Council)
Court (s) Database
Federal Court Decisions
Date
2006-07-31
Neutral citation
2006 FC 938
File numbers
T-364-04
Decision Content
Date: 20060731
Docket: T-364-04
Citation: 2006 FC 938
Between:
DR. SAMIR ELOMARI
Applicant
and
PRESIDENT OF THE NATIONAL
RESEARCH COUNCIL OF CANADA
Respondent
ASSESSMENT OF COSTS – REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] In an order dated March 27, 2006, the Court dismissed the present application for judicial review and stated the following:
[translation]
The applicant may, within 14 days of the date of this order, serve and file a motion seeking an award, determination or directions with regard to the assessment of costs for the application for judicial review.
[2] On April 7, 2006, the applicant advised the Court that he did not intend to file such a motion. On the same day, in answer to this letter, the respondent wrote that [translation] “we do not intend at this stage of the proceedings to claim costs on the merits in spite of the dismissal of the application. However, we believe it is appropriate to claim costs on the motion for the extension of time”.
[3] Further to this request, on April 20, 2006, we issued a timetable directing the parties to make their written submissions concerning the assessment of costs in connection with the interlocutory motion that was allowed by the Court on July 8, 2004.
[4] I wish to point out that, as a general rule, the assessment of costs when the final judgment has been rendered and the Court has ruled, at the same time, on the matter of costs. The party entitled to the costs may then submit its set of costs for assessment. The set of costs will include the expenses related to the interlocutory motions.
[5] Whereas the order dated March 27, 2006, does not mention anything about costs on the merits, and taking into account the submissions of the parties, I am of the view that I do not have the authority to assess costs at this stage of the proceedings.
DATED AT MONTREAL, THIS 31ST DAY OF JULY 2006.
Signed “Michelle Lamy”
Michelle Lamy
ASSESSMENT OFFICER
Certified true translation
Michael Palles
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-364-04
BETWEEN: DR. SAMIR ELOMARI
Applicant
and
PRESIDENT OF THE NATIONAL
RESEARCH COUNCIL OF CANADA
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATED: JULY 31, 2006
SOLICITORS OF RECORD:
Trudel & Johnston
Montréal, Quebec for the applicant
John H. Sims, QC
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent