Lavigne v. Canada (Commissioner of Official Languages)

Lavigne v. Canada (Commissioner of Official Languages)
Court (s) Database
Federal Court of Appeal Decisions
Date
2006-05-18
Neutral citation
2006 FCA 191
File numbers
A-577-04
Decision Content
Date: 20060518
Docket: A-577-04
Citation: 2006 FCA 191
Between:
ROBERT LAVIGNE
Appelant
(Plaintiff)
AND
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Respondent
(Defendant)
AND
HER MAJESTY THE QUEEN
Respondent
(Defendant)
AND
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Respondent
(Defendant)
ASSESSMENT OF COSTS –REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is the assessment of costs owed to the respondent, Her Majesty the Queen, pursuant to the judgment of June 3, 2005 dismissing the appeal of an order of the Federal Court which dismissed the appellant’s appeal of a decision of Prothonotary Richard Morneau striking out his statement of claim. On February 1, 2006, the defendant filed his bill of costs and asked that it be
assessed without the personal appearance of the parties. As of this date, the appellant has not filed any representations.
[2] Considering that services rendered by counsel in appeals to the Federal Court of Appeal are calculated under items 16 to 28 of Tariff B, the fees are therefore allowed in the amount of $ 1,674 for the following items: 19 (7 units/preparation of the memorandum of fact and law), 22 (3 units X 1 hr 19 min./hearing of May 30, 2005), 25 (1 unit) and 26 (2 units). For the assessment of costs, I find that 2 units are fair compensation. The number of units requested under item 27 is denied since no explanation has been given to justify this claim.
[3] The disbursements totaling $ 158.70 are awarded as claimed. These expenses, evidence of which was established by affidavit, were necessary to the proper conduct of this appeal.
[4] For these reasons, the respondent’s costs are taxed and allowed in the amount of $ 1,832.70. A certificate is issued for that amount.
DATED AT MONTREAL THIS 18TH DAY OF MAY, 2006.
Signed: «Michelle Lamy»
MICHELLE LAMY
ASSESSMENT OFFICER
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-577-04
STYLE OF CAUSE:
ROBERT LAVIGNE
Appelant
(Plaintiff)
AND
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Respondent
(Defendant)
AND
HER MAJESTY THE QUEEN
Respondent
(Defendant)
AND
HUMAN RESOURCES DEVELOPMENT
(FORMERLY HEALTH AND WELFARE CANADA)
Respondent
(Defendant)
ASSESSMENT WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS –
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: MAY 18, 2006
SOLICITORS OF RECORD :
John Sims
Deputy Attorney General of Canada
Ottawa, Ontario for the respondents, Her Majesty the Queen and Human Resources Development
Commissioner of Official Languages
Ottawa, Ontario for the respondent, The Office of the Commissioner of Official Languages