Gould v. Canada (Attorney General)
Court headnote
Gould v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-13 Neutral citation 2004 FCA 344 File numbers A-641-02 Decision Content Date : 20041013 Docket : A-641-02 Citation : 2004 FCA 344 BETWEEN : Rennie E. Gould Applicant -and- The Attorney General of Canada Respondent ASSESSMENT OF COSTS -REASONS FRANÇOIS PILON Assessment Officer This application for judicial review of the decision of the Pension Appeals Board was allowed with costs. Ms. Averill J. Baker, the solicitor for the applicant, filed her bill of costs on September 1, 2004 and requested it be assessed in writing. Mr. John V. Nagy, counsel for the respondent, filed his written submissions in opposition on September 17, 2004. [2] Mr. Nagy points out that counsel fees for a motion for leave to appeal is not available as no leave was necessary to commence judicial review proceedings and that similarly, no costs can be claimed for the preparation of an appeal book because the Rules of Court do not provide for such a step in this matter. The position of counsel for the respondent is correct on both issues and the two items will be deleted from the bill of costs. [3] The other items submitted by Ms. Baker will be allowed as presented. The bill of costs of the applicant, presented at $2,310.00, is assessed and allowed in the amount of $1,430.00. Halifax, Nova Scotia François Pilon 10 jjjj aa Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCK…
Read full judgment
Gould v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-10-13 Neutral citation 2004 FCA 344 File numbers A-641-02 Decision Content Date : 20041013 Docket : A-641-02 Citation : 2004 FCA 344 BETWEEN : Rennie E. Gould Applicant -and- The Attorney General of Canada Respondent ASSESSMENT OF COSTS -REASONS FRANÇOIS PILON Assessment Officer This application for judicial review of the decision of the Pension Appeals Board was allowed with costs. Ms. Averill J. Baker, the solicitor for the applicant, filed her bill of costs on September 1, 2004 and requested it be assessed in writing. Mr. John V. Nagy, counsel for the respondent, filed his written submissions in opposition on September 17, 2004. [2] Mr. Nagy points out that counsel fees for a motion for leave to appeal is not available as no leave was necessary to commence judicial review proceedings and that similarly, no costs can be claimed for the preparation of an appeal book because the Rules of Court do not provide for such a step in this matter. The position of counsel for the respondent is correct on both issues and the two items will be deleted from the bill of costs. [3] The other items submitted by Ms. Baker will be allowed as presented. The bill of costs of the applicant, presented at $2,310.00, is assessed and allowed in the amount of $1,430.00. Halifax, Nova Scotia François Pilon 10 jjjj aa Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-641-02 STYLE OF CAUSE: Rennie E. Gould Applicant -and- The Attorney General of Canada Respondent ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF ASSESSMENT: Halifax, Nova Scotia ASSESSMENT OF COSTS - REASONS BY: François Pilon, Assessment Officer DATED: October 13, 2004 SOLICITORS OF RECORD: Averill J. Baker Law Office St. John's, NL for the Applicant Morris Rosenberg Deputy Attorney General Ottawa, Ontario for the Respondent
Source: decisions.fca-caf.gc.ca