Pospiech v. Canada (Attorney General)
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Pospiech v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-05-24 Neutral citation 2001 FCA 120 File numbers A-282-99 Decision Content Date: 20010524 Docket: A-282-99 Neutral citation: 2001 FCA 120 Between: MARIO POSPIECH Plaintiff AND ATTORNEY GENERAL OF CANADA -and- PIERRE PETTIGREW MINISTER FOR HUMAN RESOURCES DEVELOPMENT Defendants ASSESSMENT OF COSTS - AMENDED REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This was an application for judicial review that was dismissed with costs on September 14, 2000. On March 13, 2001, pursuant to that judgment, the defendants filed their bills of costs in this case and in file no. A-283-99, in which the appeals had been heard simultaneously, and requested that their costs be assessed in both cases without personal appearance. [2] On March 22, 2001, a copy of the bills of costs was forwarded to the plaintiff by registered mail, and he was asked to make written representations by April 12, 2001. Since no written representations were made, we are prepared to assess the defendants' costs. [3] The defendants' counsel fees in this file are awarded in the amount of $830 for the following items under Tariff B: item 19 (4 units), item 22 (3 units) and item 26 (2 units). Although this assessment is not contested, the units requested under items 19 have been reduced from 7 to 4 since the memorandums of fact and law in file nos. A-282-99 and A-283-99 were more or less the same and the amounts in dispute were…
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Pospiech v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2001-05-24 Neutral citation 2001 FCA 120 File numbers A-282-99 Decision Content Date: 20010524 Docket: A-282-99 Neutral citation: 2001 FCA 120 Between: MARIO POSPIECH Plaintiff AND ATTORNEY GENERAL OF CANADA -and- PIERRE PETTIGREW MINISTER FOR HUMAN RESOURCES DEVELOPMENT Defendants ASSESSMENT OF COSTS - AMENDED REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This was an application for judicial review that was dismissed with costs on September 14, 2000. On March 13, 2001, pursuant to that judgment, the defendants filed their bills of costs in this case and in file no. A-283-99, in which the appeals had been heard simultaneously, and requested that their costs be assessed in both cases without personal appearance. [2] On March 22, 2001, a copy of the bills of costs was forwarded to the plaintiff by registered mail, and he was asked to make written representations by April 12, 2001. Since no written representations were made, we are prepared to assess the defendants' costs. [3] The defendants' counsel fees in this file are awarded in the amount of $830 for the following items under Tariff B: item 19 (4 units), item 22 (3 units) and item 26 (2 units). Although this assessment is not contested, the units requested under items 19 have been reduced from 7 to 4 since the memorandums of fact and law in file nos. A-282-99 and A-283-99 were more or less the same and the amounts in dispute were small. I allow two units instead of 6 under item 26 for the same reasons. Disbursements in the amount of $331.16 are allowed as claimed. The evidence shows that those disbursements were in fact incurred by the defendants. [4] The defendants' costs in this case are assessed at and allowed in the amount of $1161.16. A certificate for that amount will issue. MICHELLE LAMY MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC May 24, 2001 Certified true translation Sophie Debbané, LL.B. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-282-99 Between: MARIO POSPIECH Plaintiff AND ATTORNEY GENERAL OF CANADA -and- PIERRE PETTIGREW MINISTER FOR HUMAN RESOURCES DEVELOPMENT Defendants ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec AMENDED REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF AMENDED REASONS: May 24, 2001 SOLICITOR OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario For the Defendant FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010524 Docket: A-282-99 BETWEEN: MARIO POSPIECH Plaintiff AND ATTORNEY GENERAL OF CANADA -and- PIERRE PETTIGREW MINISTER FOR HUMAN RESOURCES DEVELOPMENT Defendants ASSESSMENT OF COSTS - AMENDED REASONS
Source: decisions.fca-caf.gc.ca