Lavigne v. Canadian Union of Postal Workers
Court headnote
Lavigne v. Canadian Union of Postal Workers Court (s) Database Federal Court Decisions Date 2004-03-08 Neutral citation 2004 FC 351 File numbers T-500-03 Decision Content Date: 20040308 Docket: T-500-03 Citation: 2004 FC 351 IN THE MATTER OF THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, 2000, c. 5 Between: ROBERT LAVIGNE Applicant and CANADIAN UNION OF POSTAL WORKERS Respondent ASSESSMENT OF COSTS – REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] Pursuant to the judgment dated August 12, 2003, awarding costs to the respondent, this assessment proceeded without personal appearance by the parties. [2] In light of the parties’ submissions, it seems reasonable to me to award the amount of $1,796.67 to the respondent for the services rendered under items 5 (6 units), 6 (2 units/hour X 40 minutes), 8 (4 units), 9 (2 units) and 26 (3 units). The fees requested under item 2 are denied because there was no record filed within the meaning of rule 310 of the Federal Court Rules, 1998. The same can be said for item 24: the order dated August 12, 2003, is silent in this respect. I have reduced the number of units requested for the assessment of costs since it was not a very complex matter. [3] The costs incurred in this matter for stenographer fees ($374.98) and costs of service ($27.79) are awarded. The respondent was entitled to cross-examine the applicant on his affidavit, as provided in rule 308. [4] The respondent’s bill of costs is assessed in the amount of $2,199.…
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Lavigne v. Canadian Union of Postal Workers Court (s) Database Federal Court Decisions Date 2004-03-08 Neutral citation 2004 FC 351 File numbers T-500-03 Decision Content Date: 20040308 Docket: T-500-03 Citation: 2004 FC 351 IN THE MATTER OF THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, 2000, c. 5 Between: ROBERT LAVIGNE Applicant and CANADIAN UNION OF POSTAL WORKERS Respondent ASSESSMENT OF COSTS – REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] Pursuant to the judgment dated August 12, 2003, awarding costs to the respondent, this assessment proceeded without personal appearance by the parties. [2] In light of the parties’ submissions, it seems reasonable to me to award the amount of $1,796.67 to the respondent for the services rendered under items 5 (6 units), 6 (2 units/hour X 40 minutes), 8 (4 units), 9 (2 units) and 26 (3 units). The fees requested under item 2 are denied because there was no record filed within the meaning of rule 310 of the Federal Court Rules, 1998. The same can be said for item 24: the order dated August 12, 2003, is silent in this respect. I have reduced the number of units requested for the assessment of costs since it was not a very complex matter. [3] The costs incurred in this matter for stenographer fees ($374.98) and costs of service ($27.79) are awarded. The respondent was entitled to cross-examine the applicant on his affidavit, as provided in rule 308. [4] The respondent’s bill of costs is assessed in the amount of $2,199.44. A certificate is issued for this amount. Signed: “Michelle Lamy” MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC March 8, 2004 Certified true translation Kelley A. Harvey, BA, BCL, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-500-03 IN THE MATTER OF THE PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, 2000, c. 5 Between: ROBERT LAVIGNE Applicant and CANADIAN UNION OF POSTAL WORKERS Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: March 8, 2004 SOLICITORS OF RECORD: Morency, Philion, Leblanc, Beaudry Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca