MORISSETTE v. Canada (Attorney General)
Court headnote
MORISSETTE v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2003-07-07 Neutral citation 2003 FC 839 File numbers T-72-99 Decision Content Date: 20030707 Docket: T-72-99 Neutral Citation: 2003 FC 839 Between: MARCEL MORISSETTE Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-141-00 Between: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS MARTIN, ASSESSMENT OFFICER [1] This is an assessment of costs following a judgment dated February 9, 2000, by Mr. Justice Pinard dismissing the applicant's application for judicial review with costs. That decision was affirmed by a judgment of the Court of Appeal dated September 9, 2002, by Messrs. Justices Desjardins, Nadon and Noël, dismissing the appeal with costs. [2] The bills of costs were subsequently filed by the Attorney General of Canada in dockets T-72-99 and A-141-00. Those bills were filed on April 2, 2003, along with a letter requesting that a decision be made without personal appearance of the parties. [3] Despite the schedule that was established, no representations have been submitted to date by the opposing party. [4] With the exception of item 26 (preparation of bills of costs), the fees are allowed as claimed. Since the bills of costs were not disputed, two units will be allowed under item 26. The costs for the preparation of a response to the motion by way of supplementary affidavit (item 5) and for the appearance on the m…
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MORISSETTE v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2003-07-07 Neutral citation 2003 FC 839 File numbers T-72-99 Decision Content Date: 20030707 Docket: T-72-99 Neutral Citation: 2003 FC 839 Between: MARCEL MORISSETTE Applicant and ATTORNEY GENERAL OF CANADA Respondent Docket: A-141-00 Between: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS MARTIN, ASSESSMENT OFFICER [1] This is an assessment of costs following a judgment dated February 9, 2000, by Mr. Justice Pinard dismissing the applicant's application for judicial review with costs. That decision was affirmed by a judgment of the Court of Appeal dated September 9, 2002, by Messrs. Justices Desjardins, Nadon and Noël, dismissing the appeal with costs. [2] The bills of costs were subsequently filed by the Attorney General of Canada in dockets T-72-99 and A-141-00. Those bills were filed on April 2, 2003, along with a letter requesting that a decision be made without personal appearance of the parties. [3] Despite the schedule that was established, no representations have been submitted to date by the opposing party. [4] With the exception of item 26 (preparation of bills of costs), the fees are allowed as claimed. Since the bills of costs were not disputed, two units will be allowed under item 26. The costs for the preparation of a response to the motion by way of supplementary affidavit (item 5) and for the appearance on the motion on January 10, 2000, (item 6) are allowed, given that Pinard J. specified in his order of January 13, 2000, that the motion was dismissed with costs. [5] The fees requested in the Trial Division file are therefore approved in the amount of $4,592.50. The fees requested in the Appeal file are approved in the amount of $1,782.00. [6] In my view, the disbursements are justified and are approved as requested. [7] The costs of the Attorney General of Canada in the Trial Division file are assessed and allowed in the amount of $5,031.66 and those in the Appeal file in the amount of $2,175.75. A certificate is issued in each file. A copy of these reasons will be placed in docket A-141-00. Signed: "François Martin" FRANÇOIS MARTIN ASSESSMENT OFFICER MONTRÉAL, QUEBEC July 7, 2003 Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA SOLICITORS OF RECORD DOCKET: T-72-99 Between: MARCEL MORISSETTE Applicant AND ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY FRANÇOIS MARTIN, ASSESSMENT OFFICER DATED: July 7, 2003 SOLICITORS OF RECORD: Pierre A. Cloutier Sherbrooke, Quebec for the applicant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the respondent FEDERAL COURT OF CANADA Date: 20030707 Docket: T-72-99 BETWEEN: MARCEL MORISSETTE Applicant and ATTORNEY GENERAL OF CANADA Respondent ASSESSMENT OF COSTS - REASONS
Source: decisions.fct-cf.gc.ca