Date: 20040308
Citation: 2004 FC 351
IN THE MATTER OF THE
PERSONAL INFORMATION PROTECTION
AND ELECTRONIC DOCUMENTS ACT,
2000, c. 5
Between:
ROBERT LAVIGNE
and
CANADIAN UNION OF POSTAL WORKERS
Respondent
ASSESSMENT OF COSTS – REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] Pursuant to the judgment dated August 12, 2003, awarding costs to the respondent, this assessment proceeded without personal appearance by the parties.
[2] In light of the parties’ submissions, it seems reasonable to me to award the amount of $1,796.67 to the respondent for the services rendered under items 5 (6 units), 6 (2 units/hour X 40 minutes), 8 (4 units), 9 (2 units) and 26 (3 units). The fees requested under item 2 are denied because there was no record filed within the meaning of rule 310 of the Federal Court Rules, 1998. The same can be said for item 24: the order dated August 12, 2003, is silent in this respect. I have reduced the number of units requested for the assessment of costs since it was not a very complex matter.
[3] The costs incurred in this matter for stenographer fees ($374.98) and costs of service ($27.79) are awarded. The respondent was entitled to cross-examine the applicant on his affidavit, as provided in rule 308.
[4] The respondent’s bill of costs is assessed in the amount of $2,199.44. A certificate is issued for this amount.
Signed: “Michelle Lamy” MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
March 8, 2004
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-500-03
IN THE MATTER OF THE
PERSONAL INFORMATION PROTECTION
AND ELECTRONIC DOCUMENTS ACT,
2000, c. 5
Between:
ROBERT LAVIGNE
Applicant
and
CANADIAN UNION OF POSTAL WORKERS
Respondent
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: March 8, 2004
SOLICITORS OF RECORD: