Date: 20040308
Docket: T-872-02
Citation: 2004 FC 350
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act, arising from a complaint pursuant to s. 29(1)(a) of the Privacy Act., R.S., 1985, c. P-21,
against Canada Post Corporation for contravening s. 7 of the Privacy Act;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act
arising from the illegality of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening article 5.01 regarding the age discrimination provisions, of said Collective Agreement;
In the Matter of an action pursuant to s. 17(1), (2)(b) & 48 of the Federal Court Act arising from the illegal of parts of the Collective Agreement signed by Canada Post Corporation on February 28, 2000, contravening s. 15 of the Canadian Charter of Rights and Freedoms;
In the Matter of an action pursuant to s. 17(1), 17(2)(d) & 48 of the Federal Court Act arising from the contravening s. 7 of the Privacy Act by Canada Post Corporation and therefore contravening sections 3(a) & 10 of the Crown Liability and Proceedings Act S.C. 1990,
c. 8, s. 21, by Canada Post Corporation;
BETWEEN:
ROBERT LAVIGNE
Plaintiff
and
CANADA POST CORPORATION
Defendant
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On August 14, 2002, Mr. Richard Morneau, Prothonotary, ordered that the Plaintiff's statement of claim be struck out with costs on the basis that the Federal Court lacked jurisdiction to hear this action. In appeal, Madam Justice Tremblay-Lamer maintained the Prothonotary's order. On June 3, 2003, the Court of Appeal dismissed with costs the appeal of the Federal Court judge's decision. The assessment of costs proceeded without the personal appearance of the parties. As of this date, Mr. Robert Lavigne has not filed any written representations.
[2] The Defendant's fees for the preparation and hearing of its motion to strike the Plaintiff's action are allowed as follows: 5 units (item 5) and 2 units X 2 hours (item 6). Items 13 and 14 are designed to compensate services rendered in regard to trials. The request under item 7 is denied since no discovery of documents pursuant to Rule 223 of the Federal Court Rules 1998 took place. The various expenses in the amount of $ 35.75 are allowed as claimed. The Defendant's costs incurred in this file are taxed and allowed in the amount of $ 1,025.75.
[3] In the Federal Court of Appeal, the Respondent's bill is assessed as submitted in the amount of $ 1,649.65. A copy of these reasons is placed in file A-596-02.
DATED AT MONTREAL, THIS 8TH DAY OF MARCH, 2004.
Signed: « Michelle Lamy » MICHELLE LAMY
ASSESSMENT OFFICER
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE:
BETWEEN:
ROBERT LAVIGNE
Plaintiff
and
CANADA POST CORPORATION
Defendant
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: MARCH 8, 2004
SOLICITORS OF RECORD:
Jodoin Santerre
Montreal, Quebec for the Defendant