Tourki v. Canada (Public Safety and Emergency Preparedness))

Tourki v. Canada (Public Safety and Emergency Preparedness))
Court (s) Database
Federal Court Decisions
Date
2010-08-17
Neutral citation
2010 FC 821
File numbers
T-903-04
Decision Content
Federal Court
Cour fédérale
Date: 20100817
Docket: T-903-04
Citation: 2010 FC 821
[ENGLISH TRANSLATION]
BETWEEN:
SKANDER TOURKI
Applicant
and
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of the applicant’s costs following the Court’s judgment on January 19, 2006, dismissing the applicant’s action with costs.
[2] On June 17, 2010, the respondent’s counsel filed a bill of costs and requested that the assessment be disposed of in writing. On June 29, 2010, an instruction was sent out to the parties setting a schedule for the filing of written representations. To this day, having received no written representations, I am now ready to assess the costs according to the documentation on record.
[3] The respondent claims the following fees: item 2 – defence preparation (7 units), item 7 – disclosure – affidavit of documents (5 units), item 8 – examination preparations (5 units), item 9 – attendance at the examination, for each hour (2:15 hours, February 1, 2005) (3 units), item 10 – preparation for the pre-trial conference, including the factum (6 units), item 11 – attendance at the examination, for each hour (40 minutes, May 18, 2005) (3 units), item 12 – notices to admit (3 units), item 13 a) – hearing preparation (5 units), item 13 b) – hearing preparation, for each day in Court after the first day (1 day) (3 units), item 14 a) counsel fees, hearing on December 12, 2005 (5:11) and on December 3, 2005 (6:45) (3 units), item 15 – preparation and filing of a written argument requested by the Court (7 units), item 25 – services rendered after the judgment not otherwise specified (1 unit), and item 26 – assessment of fees (6 units).
[4] The claimed fees are allowed in the amount of $11,511.50, except for item 26, for which I’ve allowed 2 units, since the assessment is neither complex nor contested. On April 1, 2009, the unitary value of Tariff B was amended, changing from $120 to $130. I have therefore made the necessary adjustments.
[5] All disbursements claimed in the amount of $1,817.83 are allowed for the photocopying fees, bailiff fees, and court reporter fees on February 1, 2005, since they seem reasonable to me, are not contested, and the evidence was done by affidavit.
[6] The bill of costs submitted by the respondent for $12,923.83 is assessed and allowed in the amount of $13,329.33. An assessment certificate will be issued for this amount.
MONTRÉAL, QUEBEC
August 17, 2010
“Diane Perrier”
DIANE PERRIER
ASSESSMENT OFFICER
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-903-04
STYLE OF CASE: SKANDER TOURKI
v. THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
ASSESSMENT OF COSTS IN WRITING
PLACE OF HEARING: Montréal, Quebec
REASONS BY DIANE PERRIER, ASSESSMENT OFFICER
DATED: August 17, 2010
APPEARANCES:
Choquette, Beaupré, Rhéaume
Montréal, Quebec
FOR THE APPLICANT
Myles J. Kirvan
Deputy Attorney General of Canada
Montréal, Quebec
FOR THE RESPONDENT