Federal Court Decisions

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Date: 20050711

Docket: T-819-04

Citation: 2005 FC 975

Between:

DIANE MAGAS AND RICHARD CONDO

Applicants

AND

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]                This is an assessment in writing of the costs due to the respondent following the order dated September 13, 2004, dismissing the applicants' motion for extension of time.

[2]                In their submissions, the applicant argues that the minimum number of units provided in Tariff Bfor preparing the respondent's motion record should be awarded given that the motion was not very complex. The Attorney General of Canada did not submit any comments in response to these observations. After reviewing the respondent's motion record, I am prepared to allow 4 units under item 5. For the assessment of costs, I find that 2 units are fair compensation. The value of the unit was amended on April 1, 2005, increasing from $110 to $120. I took that into account when calculating the fees.


[3]                The expenses incurred for the photocopying costs in the amount of $152.50 are awarded as claimed.

[4]                Accordingly, the respondent's costs for this motion are assessed and allowed in the amount of $872.50. A certificate is issued for that amount.

DATED AT MONTRÉAL, THE 11th DAY OF JULY 2005.

Signed: "Michelle Lamy"

MICHELLE LAMY

ASSESSMENT OFFICER

Certified true translation

Kelley A. Harvey, BCL, LLB



                                                             FEDERAL COURT

                                                                             

                                                      SOLICITORS OF RECORD

COURT DOCKET NO.:                   T-819-04

Between:

DIANE MAGAS AND RICHARD CONDO

Applicants

AND

ATTORNEY GENERAL OF CANADA

Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT: Montréal, Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                       JULY 11, 2005

SOLICITORS OF RECORD:

Magas Law Office

Ottawa, Ontario                                                                        For the applicants

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                        For the respondent

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