Abdolkhaleghi v. Canada (Minister of Citizenship and Immigration)

Abdolkhaleghi v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2006-01-16
Neutral citation
2006 FC 31
File numbers
IMM-9254-04
Decision Content
Date: 20060116 Docket: IMM-9254-04
Citation: 2006 FC 31
BETWEEN:
RAHELEH ABDOLKHALEGHI
MAHMOUD ABDOLKHALEGHI
NOUSHIN ELMZADEH
DANIAL ABDOLKHALEGHI
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendants
TAXATION OF COSTS – REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Pursuant to the order of May 20, 2005, allowing costs to the applicants to be calculated according to column V of schedule B, we assessed the costs last November 1st.
[2] The applicants’ fees are set at $6,004.31 ($5,220 + TPS/TVQ) for items 1 (13 units), 2 (10 units), 13 (10 units), 14 (5 units) and 26 (8 units), for the following reasons.
[3] Given the complexity of this file, the defendant acknowledged that 9 units were justified. Also, I find that the number of units allowed here, and for the other items, should not be less than the number the applicants would have allowed in the other columns of the schedule. For these reasons, I allow 10 units under item 2. I thus abide by the Court order stipulating that costs are assessed in column V. Since the workload has been heavier for the preparation and the deposition of the originating documents, I allow the number of units requested under item 1.
[4] As for item 13, I reduced to 10 the number of units for preparation for the hearing. I acknowledge that much is at stake in this matter, but I also consider the fact that the hearing relates to an application for judicial review and not to an action. The sum of $300 is allowed under item 14 for the hearing of the application (5 units/hour x 30 min.). For the reasons stated above, I allow 8 units under item 26.
[5] No compensation is allowed under item 4: the order pertaining to this motion is silent with regard to expenses. The application for services rendered under item 7 is dismissed as this item applies to documents communicated in the context of an action pursuant to rule 222 et seq. of the Federal Court Rules. As mentioned at the time of assessment, the application made under item 24 is dismissed as only the Court may allow expenses under said item.
[6] Since they are uncontested, the following expenses are allowed without modification: $240 for photocopies, $101.70 for faxes, $50 for judicial costs, $38.17 for QuickLaw research. All expenses incurred for service of documents are allowed in the amount of $286.75, except for the amounts of $11.02, $9.20 x 2 and $52.32, for the reasons referred to at the hearing.
[7] The defendant’s costs are assessed and allowed in the amount of $6,720.93 $. A certificate shall issue for that amount.
DATED FROM MONTRÉAL, THIS 16TH DAY OF JANUARY 2006.
“Michelle Lamy”
ASSESSMENT OFFICER
Certified true translation
Gibson Boyd, BA (tran.)
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: MM-9254-04
STYLE OF CAUSE: RAHELEH ABDOLKHALEGHI MAHMOUD ABDOLKHALEGHI NOUSHIN ELMZADEH and DANIAL ABDOLKHALEGHI v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF ASSESSMENT: Montréal, Quebec
ASSESSEMENT DATED: November 1, 2005
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATED: January 16, 2006
APPEARANCES:
Stéphane Duval FOR THE APPLICANTS
Christina Ham FOR THE RESPONDENT
SOLICITORS OF RECORD:
Robinson Sheppard Shapiro FOR THE APPLICANTS
Montréal, Quebec
John. H Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario