Date: 19990310
Docket: A-874-96
BETWEEN:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
PLAINTIFFS
(Appellants)
-and-
HER MAJESTY THE QUEEN
DEFENDANT
(Respondent)
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER:
[1] On October 11, 1996, at the end of an eleven-day trial, the trial judge dismissed with costs the action of plaintiff Aldège Banville both personally and in his capacity as assignee of the rights of Les Entreprises A.B. Rimouski Inc. On appeal, the Court upheld the dismissal of the action for the remedy sought by Aldège Banville and ordered that the file be referred back to the trial judge for reconsideration and judgment on the action by the company. The costs of the instant appeal were awarded to Mr. Aldège Banville.
[2] This is the assessment of the appellant's costs which was held by conference call on February 10, 1999, in the presence of Aldège Banville, with Robert Ladouceur and Stéphane Lilkoff for the respondent. The costs claimed are as follows:
| Norman Ross, lawyer National Tilden Secretarial services (Raymonde Caron) Services of an expert (Réal Nadeau) Lost income from trucking Meals and hotel Gas Photocopies Telephone calls and faxes Other costs and miscellaneous
TOTAL |
$4,761.47 192.67 1,200.00 1,800.00 3,000.00 336.28 300.00 65.20 225.00 2,000.00 2,000.00
$15,880.62 |
[3] Mr. Banville represented himself in the prosecution of this appeal. He was assisted by lawyer Norman Ross, whom he consulted on a regular basis. As a member of the public acting for himself, it is obvious that Mr. Banville cannot claim counsel fees under Tariff B, however he is entitled to the disbursements he legitimately incurred. The appellant is entitled to be reimbursed for this expense in light of Mr. Justice Teitelbaum's decision dated October 23, 1998, in Attorney General of Canada v. David A. Kahn (T-2166-97). Teitelbaum J. also stated:
. . . that by the fact that I am ordering the applicant to reimburse the respondent for his disbursement for legal advice, I am, in effect, ordering the applicant to pay solicitor-client costs.
I, with respect, do not agree. No monies are being paid for legal fees for Court attendance. All that is being reimbursed are funds paid for legal advice.
[4] Mr. Banville hired Réal Nadeau, a civil engineering technician, to help him to prepare his appeal book, inter alia, and Raymonde Caron to type the proceedings filed in the instant case. These disbursements are also allowed as they were incurred to prosecute the appeal.
[5] The appeal was heard on May 25, 1998 at Québec. As a reasonable amount for travel and accommodation expenses are recoverable at the time of the assessment, the claims made in this regard are allowed as follows, based on the evidence submitted:
- Tilden rental: $144.50 for May 24, 25 and 26
- Accommodation: $197.84 for May 24 and 25
- Meals: $139.22 for May 24, 25 and 26
- Parking: $9.00
- Gas: the appellant claimed $65.20 for gas purchases but only provided two receipts totalling $11.20. This claim is allowed, however, considering the distance between Québec and Rimouski.
[6] As agreed at the hearing, Mr. Banville sent me additional documents on February 19 to support the following claims:
- Telephone calls and photocopies: Mr. Banville reduced his claim from $2, 000.00 to $925.19. This amount is allowed as it appears to me to be reasonable in the instant case.
- Lost income: Mr. Banville claims the amount of $3,000.00 for lost income, or 150 hours of work at $20/hour to hire a driver to replace him at various times. Mr. Banville is entitled to be reimbursed for this expense as it was incurred to allow him to prepare and plead his case.
- Other costs and miscellaneous: the evidence submitted is insufficient to justify the amount of $2,000.00 claimed under this item. In any event, the appellant cannot expect to be compensated for all of the time and effort he spent to advance his claim.
[7] The amount of $300.00 for mailing costs is denied as there is no evidence to support this expense.
[8] The appellant did not submit any documentary evidence with respect to the photocopy costs of $225.00, however he did indicate that he paid $0.05/page. Considering the proceedings on the record and the rules, which often require that several copies be filed, I believe that the appellant can be compensated for 1,000 photocopies, or $50.00.
[9] In light of the above, the appellant's costs are assessed and allowed in the amount of $12,292.42. A certificate is hereby issued for this amount.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUÉBEC
March 10, 1999
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 19990310
Docket: A-874-96
Between:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
PLAINTIFFS
(Appellants)
-and-
HER MAJESTY THE QUEEN
DEFENDANT
(Respondent)
ASSESSMENT OF COSTS - REASONS
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 19990310
Docket: A-874-96
Between:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
PLAINTIFFS
(Appellants)
-and-
HER MAJESTY THE QUEEN
DEFENDANT
(Respondent)
CERTIFICATE OF ASSESSMENT OF COSTS
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-874-96
STYLE OF CAUSE:
LES ENTREPRISES A.B. RIMOUSKI INC.
AND ALDÈGE BANVILLE
PLAINTIFFS
(Appellants)
-and-
HER MAJESTY THE QUEEN
DEFENDANT
(Respondent)
PLACE OF ASSESSMENT:By conference call between Montréal, Quebec, Rimouski, Quebec and Ottawa, Ontario
DATE OF ASSESSMENT:February 10, 1999
ASSESSMENT OF COSTS - REASONS OF M. LAMY, ASSESSMENT OFFICER
DATE OF REASONS:March 10, 1999
APPEARANCES:
Aldège Banvillefor the appellants
Robert Ladouceur and Stéphane Lilkofffor the respondent
SOLICITOR OF RECORD:
Morris Rosenbergfor the respondent
Deputy Attorney General of Canada
Ottawa, Ontario