Bérubé v. Canada (Attorney General)
Court headnote
Bérubé v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-01 Neutral citation 2001 FCA 330 File numbers A-82-00 Decision Content Date: 20011101 Docket: A-82-00 Neutral Citation:2001 FCA 330 Between: MICHEL BÉRUBÉ Applicant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On June 14, 2001, Dominique Guimond, counsel for the respondent, filed a bill of costs pursuant to a judgment by the Court of Appeal dated March 21, 2001, dismissing with costs the application for judicial review. [2] In a letter accompanying the bill of costs, Mr. Guimond asked that the assessment take place without personal appearance on the basis of the affidavit and the evidence in the record. In letters dated August 3, 2001, François DeVette was asked to file his representations in opposition by September 7, 2001, and Dominique Guimond was given until September 21, 2001, to file and serve her reply. Since no representations were made, the bill is therefore being assessed. [3] With respect to counsel fees, Mr. Guimond is claiming $700.00 under item 19, $190.00 under item 22 and $600.00 under item 26. Since these claims have not been contested, items 19 and 22 are allowed. Concerning the claim under item 26, it is reduced to $200.00 for the same reason. However, in accordance with section 4 of Part I of Tariff B, the unit value was increased to $110.00 on April 1, 2001, and this bill of costs, having …
Read full judgment
Bérubé v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-11-01 Neutral citation 2001 FCA 330 File numbers A-82-00 Decision Content Date: 20011101 Docket: A-82-00 Neutral Citation:2001 FCA 330 Between: MICHEL BÉRUBÉ Applicant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS RICHARD LARABIE, ASSESSMENT OFFICER [1] On June 14, 2001, Dominique Guimond, counsel for the respondent, filed a bill of costs pursuant to a judgment by the Court of Appeal dated March 21, 2001, dismissing with costs the application for judicial review. [2] In a letter accompanying the bill of costs, Mr. Guimond asked that the assessment take place without personal appearance on the basis of the affidavit and the evidence in the record. In letters dated August 3, 2001, François DeVette was asked to file his representations in opposition by September 7, 2001, and Dominique Guimond was given until September 21, 2001, to file and serve her reply. Since no representations were made, the bill is therefore being assessed. [3] With respect to counsel fees, Mr. Guimond is claiming $700.00 under item 19, $190.00 under item 22 and $600.00 under item 26. Since these claims have not been contested, items 19 and 22 are allowed. Concerning the claim under item 26, it is reduced to $200.00 for the same reason. However, in accordance with section 4 of Part I of Tariff B, the unit value was increased to $110.00 on April 1, 2001, and this bill of costs, having been filed on June 14, 2001, will be assessed on the basis of that increase. [4] The claim for disbursements in the amount of $128.08, supported by the affidavit of Marie-Chantal Lauzon, is allowed. [5] The respondent's costs are assessed and allowed in the amount of $1,200.00 for counsel fees and $128.08 for disbursements. A certificate is issued for $1,328.08. RICHARD LARABIE ASSESSMENT OFFICER MONTRÉAL, QUEBEC November 1, 2001 Certified true translation Sophie Debbané, LLB FEDERAL COURT OF APPEAL Date: 20011101 Docket: A-82-00 BETWEEN: MICHEL BÉRUBÉ Applicant AND ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-82-00 BETWEEN: MICHEL BÉRUBÉ Applicant AND ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF RICHARD LARABIE, ASSESSMENT OFFICER DATE OF REASONS: November 1, 2001 SOLICITORS OF RECORD: François De Vette Montréal, Quebec For the Applicant MORRIS ROSENBERG Deputy Attorney General of Canada Ottawa, Ontario For the Respondent
Source: decisions.fca-caf.gc.ca