BETWEEN:
Applicant
and
and
THE ATTORNEY GENERAL OF CANADA
and
VETERANS AFFAIRS CANADA
and
THE PUBLIC SERVICE HUMAN RESOURCES
MANAGEMENT AGENCY OF CANADA
Respondents
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] This is an assessment of the respondents’ bill of costs following the Court’s judgment dismissing the application for judicial review with costs.
[2] The respondents filed the bill of costs on March 26, 2007, and requested that the assessment be conducted without appearance of the parties.
[3] On April 11, 2007, we sent letters to the parties setting a schedule for filing submissions regarding the bill of costs. On April 23, 2007, the applicant filed a Notice of Intention to Act in Person in the file. Having received no submissions regarding the bill of costs, we contacted the self‑represented Roger Groulx on August 22, 2007, and he confirmed that he had no submissions to make regarding the respondents’ bill of costs. In the circumstances, we are now ready to assess the bill of costs according to the documentation in the file.
[4] The respondents’ fees are allowed at $5,220 for the following Tariff B items: 2 (6 units), 5 (5 units), 8 (3 units), 9 (1 unit), 13(a) (4 units), 14(a) (7.5 hours x 3 units) and 26 (2 units). The request made under item 7 is refused because no affidavit of documents under rule 223 of the Federal Court Rules appears in the file. Such an affidavit is usually prepared for an action, not an application. I cannot allow item 24 for counsel’s travel to the hearing or the examination, because, according to this item, it is at the Court’s discretion. Since there is no order in the file allowing it, the assessment officer cannot allow it.
[5] The disbursements in the amount of $1,699.89 are allowed for court reporter fees and photocopying costs since they appear to me to be reasonable and are supported by invoices.
[6] The bill of costs totalling $7,999.89 is allowed at $6,919.89. A certificate of assessment in this amount will be issued.
ASSESSMENT OFFICER
Québec, Quebec
September 18, 2007
Certified true translation
Gwendolyn May, LLB
Date: 20070918
Docket: T-2170-05
BETWEEN:
ROGER GROULX
Applicant
and
MARCEL CORMIER
and
THE ATTORNEY GENERAL OF CANADA
and
VETERANS AFFAIRS CANADA
and
THE PUBLIC SERVICE HUMAN RESOURCES
MANAGEMENT AGENCY OF CANADA
Respondents
CERTIFICATE OF ASSESSMENT OF COSTS
I hereby certify that the respondents’ costs in the present case are assessed and allowed at $6,919.89.
DIANE PERRIER
ASSESSMENT OFFICER
Québec, Quebec
September 18, 2007
Certified true translation
Gwendolyn May, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2170-05
STYLE OF CAUSE: ROGER GROULX v. THE ATTORNEY GENERAL OF CANADA, MARCEL CORMIER, VETERANS AFFAIRS CANADA and THE PUBLIC SERVICE HUMAN RESOURCES MANAGEMENT AGENCY OF CANADA
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Québec, Quebec
REASONS BY DIANE PERRIER, ASSESSMENT OFFICER
SOLICITORS OF RECORD:
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John Sims Deputy Attorney General of Canada Ottawa, Ontario Stéphane Hould
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FOR THE RESPONDENTS |