Federal Court of Appeal Decisions

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Date: 20010430

Docket: A-792-96

Neutral citation:2001 FCA 132

BETWEEN:

JANE HANSON,

Appellant

-and-

HER MAJESTY THE QUEEN,

Respondent.

                                      ASSESSMENT OF COSTS - REASONS

J. PARENT

ASSESSMENT OFFICER

[1]                The hearing of the assessment of the Respondent's Bill of Costs took place via conference call on April 11, 2001. The aforementioned Bill of Costs was filed on March 13, 2001 further to the judgment of the Court of Appeal dismissing the appeal with costs on October 2, 2000.

[2]                In its Bill of Costs, the Respondent claimed as assessable services the following amounts:


Item     Assessable Service                                         Units                Fee

19.       Memorandum of Fact and Law              5(4-7)               500.00

22(a)     Counsel Fee on Hearing of Appeal                                            

(per hour x 4 hours) October, 2000                   2(2-3)               800.00

25.       Services after Judgment                                     1                       100.00

26.       Assessment of Costs                                          4(2-6)               400.00

[3]                Pursuant to the factors set out in Rules 400(3) and 409 of the Federal Court Rules, 1998 and further to the consent of the Appellant's counsel to the Bill of Costs as filed, items 19 and 25 are allowed as claimed.

[4]                Item 22(a) will be allowed under the number of units claimed, but to reflect the actual time spent in Court on the hearing of the appeal in October, 2000, the number of hours will be reduced to 3, for a total amount of $600.00 (2 units x 3 hours x $100).

[5]                The number of units claimed under item 26 will be reduced to 3 units since I am not convinced of the complexity or that any undue amount of work was required for the assessment of this Bill of Costs.


[6]                The disbursements claimed under Tariff B are allowed as claimed considering the evidence adduced within the affidavit of disbursements of Joanne Jaworsky sworn on March 13, 2001 and the fact that the opposing party did not object to any of the amounts claimed. Thus, the total amount allowed for disbursements in this matter is $335.51.

[7]                Accordingly, the Respondent's costs are allowed in the amount of $1,835.51. As a result, a certificate is issued for this amount.

"Johanne Parent"

                                                                                                                                   J. Parent                          

                                                                                                                   Assessment Officer               

Toronto, Ontario

April 30, 2001


FEDERAL COURT OF CANADA

                                                              TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                       A-792-96

STYLE OF CAUSE:                         JANE HANSON,

Appellant

-and-

HER MAJESTY THE QUEEN,

Respondent.

ASSESSMENT VIA CONFERENCE CALLON WEDNESDAY, APRIL 11, 2001

ASSESSMENT OF COSTS -

REASONS BY:                                               JOHANNE PARENT

DATED:                                                          MONDAY, APRIL 30, 2001

APPEARANCES BY:                                     Mr. John Kutkevicius

For the Appellant

Ms. Marie-Thérèse Boris

For the Respondent

SOLICITORS OF RECORD:                       Kutkevicius, Kirsh LLP

Barristers & Solicitors

67 Yonge Street, Suite 1200

Toronto, Ontario

M5E 1J8

For the Appellant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

Date: 20010430

                                                            Docket: A-792-96

BETWEEN:

JANE HANSON,

Appellant

-and-

HER MAJESTY THE QUEEN,

Respondent.

                                                                                

ASSESSMENT OF COSTS - REASONS

                                                                                

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