Date: 19990120
Docket: A-159-98
| BETWEEN: |
HÉLÈNE BEAULIEU
Applicant-Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
-and-
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF
RELATIONS BOARD
Third Party
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER:
[1] On September 25, 1998, the Court of Appeal ordered that the files bearing numbers A-167-98, A-161-98, A-164-98, A-165-98, A-156-98 and A-159-98 be consolidated to be heard under file number A-159-98 and that the files bearing numbers A-168-98, A-157-98, A-158-98, A-166-98, A-160-98 and A-162-98 be consolidated to be heard under file number A-157-98. The Court also indicated in its orders that the appellant is entitled to costs in respect of her motions for consolidation of the actions in files A-157-98 and A-159-98.
[2] The assessment of the appellant"s costs of these files was held on January 11 in the presence of Hélène Beaulieu, the appellant, and Michelle Lavergne, representing the respondent.
COUNSEL FEES
[3] In her bill of costs, the appellant claimed counsel fees of $800 under Tariff B. As Hélène Beaulieu is acting for herself in these files, the respondent objects to counsel fees being awarded to the appellant. Having considered the case law submitted by the parties and their representations on this issue, I have come to the same conclusion as the respondent. In Davidson v. Canada, [1989] 2 F.C. 341 at 345, the Federal Court of Appeal held that a lawyer who acts for himself or herself is not entitled to the counsel fees set out in Tariff B because ". . . that barrister and solicitor is primarily a self-represented litigant and, for purposes of taxation of costs, is to be so treated." Davidson has been followed in several decisions of this Court as well as by assessment officer C. Stinson on October 19, 1998 in Fegol v. Canada, file T-2836-94, the latter well after the coming into force of the Federal Court Rules, 1998 on April 25, 1998.
DISBURSEMENTS
[4] While the expenses incurred for photocopies ($144) and service ($123.07) are not in dispute, the amounts paid under Tariff A for the filing of the notices of appeal are. As the appellant is entitled to costs in respect of her motions and not to costs of the appeal, these amounts cannot be claimed until there is a final judgment in those files.
[5] The appellant"s costs in the instant file are therefore assessed and allowed in the amount of $267.07. A certificate is issued accordingly.
MICHELLE LAMY
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
January 20, 1999
Certified true translation
M. Iveson
| FEDERAL COURT OF CANADA |
| APPEAL DIVISION |
| Date: 19990120 |
| Docket: A-159-98 |
| Between: |
| HÉLÈNE BEAULIEU |
| Applicant-Appellant |
| -and- |
| HER MAJESTY THE QUEEN |
| Respondent |
| -and- |
| GEORGE THOMSON |
| -and- |
| YVON TARTE, ADJUDICATOR |
| PUBLIC SERVICE STAFF |
| RELATIONS BOARD |
| Third Party |
| ASSESSMENT OF COSTS - REASONS |
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 19990120
Docket: A-159-98
Between:
HÉLÈNE BEAULIEU
Applicant-Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
-and-
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF
RELATIONS BOARD
Third Party
CERTIFICATE OF ASSESSMENT OF COSTS
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-159-98
STYLE OF CAUSE: HÉLÈNE BEAULIEU
Applicant-Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
-and-
GEORGE THOMSON
-and-
YVON TARTE, ADJUDICATOR
PUBLIC SERVICE STAFF
RELATIONS BOARD
Third Party
| PLACE OF ASSESSMENT: Montréal, Quebec |
| DATE OF ASSESSMENT: January 11, 1999 |
ASSESSMENT OF COSTS - REASONS OF M. LAMY, ASSESSMENT OFFICER
| DATE OF REASONS: January 20, 1999 |
APPEARANCES:
| Hélène Beaulieu for herself |
| Michelle Lavergne for the respondent |
SOLICITORS OF RECORD:
| Hélène Beaulieu for herself |
Montréal, Quebec
| Department of Justice Canada for the respondent |
Montréal, Quebec