BETWEEN:
Applicant
and
CORRECTIONAL SERVICES OF CANADA
Respondent
Willa Doyle
Assessment Officer
[1] The Applicant sought judicial review of a decision taken by the Canadian Human Rights Commission against Correctional Services of Canada. The Court dismissed the application with costs.
[2] Ms. Jessica Harris, counsel for the Respondent, filed the Respondent's Bill of Costs and requested the Assessment be held by way of written submissions.
[3] I issued a timetable for written submissions and supporting material.
[4] The Applicant also tendered a Bill of Costs - this was sent to the Presiding Judge for clarification. Written directions received from the Court:
The Honourable Mr. Justice Phelan dated 8-SEP-2005 directing that
"The general rule is that costs follow the event. The Respondent, being
successful on the judicial review application in having it dismissed, is
entitled to its costs on a party and party basis. There are no grounds under
Rule 400(6) (d) upon which to assess costs against the successful party."
[5] The Applicant did not file any materials in reply to the Respondent's Bill of Costs nor to the supporting material presented by the Respondent.
[6] The Respondent claimed four units for item 2 - Preparation of Respondent's record, two units for item 13(a) - Preparation for Hearing, and four units (two hours x two units) for item 14(a) - Counsel fee. In each instance the Respondent requested the minimum assessable number of units, Column III in Tariff B of the Federal Courts Rules. These amounts, not contested by the Applicant, are allowed as requested.
.
[7] I then reviewed the disbursements section of the Respondent's Bill of Costs. The items here were listed as: Quick law research - $5.97; however, the receipts for this item and the figure in the supporting affidavit total $5.46 - therefore $5.46 for this item will be allowed. Priority Post is allowed at $19.70 as presented in the affidavit of Monique Lefebvre and also supported by copies of relevant invoices. Photocopying is presented at $396.45. However, upon review, the receipts for photocopying enumerated in item "C" attached to the affidavit of Monique Lefebvre appear to include an amount of $141.03 for a motion record. Review of the recorded entries for this file in relation to this motion reveals that the motion was dismissed with the Order stating:" ...There shall be no order as to costs." Therefore, the photocopying claim will be reduced by the amount of the $141.03. Total disbursements in the amount of $280.58 will be allowed. The Bill of Costs presented at $1, 621.61 is assessed and allowed in the amount of $1,480.58.
[8] A certificate is issued in this Federal Court proceeding for $1, 480.58.
(signed) Willa Doyle
Willa Doyle
Assessment Officer
Fredericton, New Brunswick
November 15, 2005
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-924-04
STYLE OF CAUSE: DAVID WILLIAM COOKE
-and-
CORRECTIONAL SERVICES OF CANADA
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: Willa Doyle, Assessment Officer
DATED: November 15, 2005
SOLICITORS OF RECORD:
FOR THE APPLICANT
Jessica Harris FOR THE RESPONDENT
Justice Canada
Halifax, NS