Mendoza v. Canada (Citizenship and Immigration)

Mendoza v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2009-06-17
Neutral citation
2009 FC 642
File numbers
IMM-473-08
Decision Content
Date: 20090617
Docket: IMM-473-08
Citation: 2009 FC 642
[ENGLISH TRANSLATION]
BETWEEN:
ELIDA LUZ ARTEAGA MENDOZA
ELIANA LOPEZ ARTEAGA
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of the respondent’s bill of costs following the order by the Honourable Mr. Justice Teitelbaum on September 16, 2008, dismissing with costs the applicants’ motion for extension of time to file the applicants’ record.
[2] On November 27, 2008, the Honourable Mr. Justice Lemieux made a final decision that dismissed the application for leave and judicial review. I can therefore proceed with assessing the costs of the motion for extension of time based on the parties’ written representations.
[3] The respondent claims the following fees: item 2 – preparation and filing of the written representations in response to the applicants’ motion for extension of time (4 units) and item 26 – assessment of costs (2 units).
[4] In his bill of costs, the respondent should have claimed item 5 for the preparation and filing of written representations in response to the applicants’ motion for extension of time instead of item 2, which deals with the respondent’s record.
[5] Since the respondent claims the minimum units for the claimed items, I will therefore allow 3 units for item 5. Counsel fees are therefore allowed in the amount of $600.
[6] Disbursements in the amount of $7.90 for service of the respondent’s motion record to the motion for extension of time are allowed as is, as they appear reasonable to me and the evidence is done by affidavit.
[7] As for Mr. Trudel’s written representations for the applicants, I cannot agree, because as the respondent mentions in his written representations, the order by the Honourable Mr. Justice Teitelbaum indicated that the motion was dismissed with costs. Therefore, under Rule 400 of the Federal Courts Rules, only a judge may award costs. Since the Court awarded costs, the role of the assessment officer is to establish the amounts of these costs under Tariff B. Consequently, the respondent’s bill of costs submitted for $727.90 is allowed and assessed in the amount of $607.90. An assessment certificate will be issued for this amount.
MONTRÉAL, QUEBEC
June 17, 2009
“Diane Perrier”
DIANE PERRIER
ASSESSMENT OFFICER
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-473-08
Between:
ELIDA LUZ ARTEAGA MENDOZA
ELIANA LOPEZ ARTEAGA
Applicants
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATED: June 17, 2009
WRITTEN REPRESENTATIONS:
Louis Trudel For the Applicants
Sylviane Roy For the Respondent
SOLICITORS OF RECORD:
John Sims
Deputy Attorney General of Canada
Ottawa, Ontario For the Respondent