Canada (Attorney General) v. Sam Lévy & Associés Inc.

Canada (Attorney General) v. Sam Lévy & Associés Inc.
Court (s) Database
Federal Court Decisions
Date
2008-08-07
Neutral citation
2008 FC 934
File numbers
T-2473-03
Decision Content
Date: 20080807
Docket: T-2473-03
Citation: 2008 FC 934
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
SAM LÉVY & ASSOCIÉS INC.
AND SAMUEL S. LÉVY
Respondents
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of the respondents’ bill of costs following an order of the Court issued on February 3, 2005, dismissing the application for judicial review with costs. At the respondents’ request, the assessment was conducted on the basis of the parties’ written representations.
[2] The respondents claim the following assessable services: item 1 – preparation of defence record (6 units), item 13(a) – preparation for hearing (4 units), item 14(a) – appearance at the hearing on January 18, 2008 (7.5 hours x 3 units), item 25 – services rendered after judgment
(1 unit) and item 26 – assessment of costs (3 units). I reviewed these assessable fees, and they are all allowed with the exception of item 14(a), which should be 5.5 hours instead of 7.5 hours, according to the transcript of the hearing. The assessable fees are therefore allowed at $3,660.
[3] The disbursements are allowed for the following items: cost of preparing the respondents’ record ($137.22), cost of printing the books of authorities ($342.88/3 = $114.29 dockets T‑2473-03, T-75-04, T-547-05) and travel costs (Montréal/Québec – 258 km x 2 x $0.455/km = $234.78/3 dockets $78.26) since the disbursements were established by affidavit, and they are not disputed. I allowed $16 for parking since docket T-2473-03 was only heard on January 18, 2005. I allowed $180.19 for accommodation costs since the hearing of this case took place on January 18, 2005, and ended at 4:50 p.m., which allowed counsel for the respondents to return to Montréal if he had to. With respect to the lunches, it seems to me that $136.77 for lunch on January 17, 2005, and $80.67 for lunch on January 18, 2005, cannot be considered reasonable . That is why I allowed $33.15 for lunch on January 17, 2005, based on the October 2005 tariff of the Treasury Board Secretariat travel directorate, and the same amount for lunch on January18, 2005. In addition, I allowed $17.30 as incidental expenses for January 17, 2005, and January 18, 2005, because these costs are usually allowed in the Treasury Board Secretariat travel directorate, which I consider to be a reasonable guide for claiming travel expenses. The disbursements are allowed at $626.86.
[4] The bill of costs totalling $5,278.73 will therefore be allowed at $4,286.86. A certificate of assessment will be issued in this amount.
Montréal, Quebec
August 7, 2008
Diane Perrier
ASSESSMENT OFFICER
FEDERAL COURT
SOLICITORS OF RECORD
COURT DOCKET: T-2473-03
Between:
ATTORNEY GENERAL OF CANADA
Applicant
and
SAM LÉVY & ASSOCIÉS INC.
AND SAMUEL S. LÉVY
Respondents
ASSESSMENT OF COSTS IN WRITING WITHOUT APPEARANCE BY THE PARTIES
PLACE OF Montréal, Quebec
ASSESSMENT:
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATED: August 7, 2008
SOLICITORS OF RECORD:
John Sims
Deputy Attorney General of Canada
Ottawa, Ontario for the applicant
Gervais & Gervais
Montréal, Quebec for the respondent