Date: 20050902
Dockets: T-2223-01
T-2227-01
T-307-02
T-1210-02
Citation: 2005 FC 1206
BETWEEN:
ALBERT DUTERVILLE
Applicant
and
HER MAJESTY THE QUEEN
and
ATTORNEY GENERAL OF CANADA
and
COMMISSIONER OF CORRECTIONAL SERVICES CANADA
and
DEPUTY COMMISSIONER OF CORRECTIONAL SERVICES CANADA
Respondents
ASSESSMENT OF COSTS - REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] On October 29, 2004, the Court granted the motion to dismiss the applications for judicial review with costs.
[2] On April 11, 2005, Éric Lafrenière, counsel for the respondents, filed a bill of costs and asked that it be assessed without appearance by the parties.
[3] A letter was sent to the parties setting a schedule and they filed their written submissions accordingly. I will now proceed to the assessment of costs.
[4] The fees are awarded as amended in the respondents' submissions in response: Item 2 - Preparation of a reply record (4 units), item 5 - Preparation and filing of a motion (3 units) and item 26 - Assessment of a Bill of Costs (2 units).
[5] With respect to the disbursements totalling $266.91 for photocopying fees and service fees, those are allowed as claimed since they appear to be reasonable and are established by affidavit.
[6] With respect to the applicant's submissions regarding his financial incapacity, I would like to point out that pursuant to section 400 of the Federal Court Rules, only the Court has the power to award costs. The assessment officer's role is to set the amount of the costs when the Court has awarded them to a party. As the Court awarded costs in this matter, the assessment officer must therefore calculate those amounts. Accordingly, the respondents' costs are assessed and allowed in the amount of $1,346.91. A certificate of assessment will be issued in that amount. A copy of the reasons will be placed in the following dockets: T-2227-01, T-307-02 and T-1210-02.
"Diane Perrier"
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
September 2, 2005
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2223-01, T-2227-01, T-307-02, T-1210-02
STYLE OF CAUSE: ALBERT DUTERVILLE
Applicant
and
HER MAJESTY THE QUEEN and ATTORNEY GENERAL OF CANADA and
COMMISSIONER OF CORRECTIONAL SERVICES CANADA
and DEPUTY COMMISSIONER OF CORRECTIONAL SERVICES CANADA
Respondents
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Québec, Quebec
REASONS OF DIANE PERRIER, ASSESSMENT OFFICER
DATE OF REASONS: September 2nd, 2005
SOLICITORS OF RECORD:
Department of Justice Canada FOR THE RESPONDENTS
Montréal, Quebec