Federal Court Decisions

Date: 20060726

Docket: T-1066-05

Citation: 2006 FC 922

Between:

9101-9380 QUÉBEC INC. (LES TABACS GALAXY)

Applicant

AND

CANADA CUSTOMS AND REVENUE AGENCY

Respondent

ASSESSMENT OF COSTS – REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]               On June 21, Tabacs Galaxy filed an application for judicial review of a decision by the Canada Customs and Revenue Agency. On June 30, 2005, the Court dismissed with costs a motion for an interlocutory injunction submitted by the applicant. On February 7, 2006, Tabacs Galaxy filed a discontinuance of its application for judicial review, with the remark [translation] “each party paying its own costs”. As this document was not signed by counsel for the respondent, the respondent is entitled under section 402 of the Federal Courts Rules to claim the costs in this case.

[2]               As requested, this assessment proceeded without the personal appearance of the parties. Up to now, we have not received any answer to our letter dated May 17, 2006 establishing a timetable for filing written submissions.

[3]               Accordingly, the fees are assessed at $1,620 for items 5 (7 units), 6 (3 units X 1 hour and 10 min.), 25 (1 unit) and 26 (2 units) of the Tariff. Since the assessment is a simple uncontested proceeding, I have reduced the number of units requested for the assessment to 2. As far as expenses for photocopies are concerned, the evidence of which is established by affidavit, they are allowed as requested for an amount of $226.25.

[4]               Therefore, the respondent’s bill of costs is assessed at $1,846.25. A certificate is issued for this amount.

DATED AT MONTRÉAL, THIS 26TH DAY OF JULY 2006

Certified true translation

Michael Palles

                                                             FEDERAL COURT

                                                      SOLICITORS OF RECORD

COURT DOCKET NUMBER:        T-1066-05

Between:

9101-9380 QUÉBEC INC. (LES TABACS GALAXY)

Applicant

AND

CANADA CUSTOMS AND REVENUE AGENCY

Respondent

ASSESSMENT OF COSTS IN WRITING

PLACE OF ASSESSMENT:           Montréal, Quebec

REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER

DATED:                                           JULY 26, 2006

SOLICITORS OF RECORD:

Jolicoeur, Lacasse, Geoffrion, Jetté, St-Pierre

Sillery, Quebec                                                                         for the applicant

John Sims

Deputy Attorney General of Canada

Ottawa, Ontario                                                                       for the respondent