Date: 19980604
Docket: A-334-97
Between:
TERRASSE JEWELLERS INC.,
LARRY BAILY AND ROSS BROTHERS (1975) INC.
Appellants
-and-
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS"REASONS
MICHELLE LAMY, ASSESSMENT OFFICER:
[1] On February 20, 1998, an appeal from a decision of the Trial Division was dismissed with costs by the Court. On June 1, 1998, Jean Lavigne submitted his bill of costs in the amount of $4,229.76 for assessment. The appellant, though duly served, was not present.
[2] The fees claimed in the respondent"s bill are as follows:
| Item Services Column / Units |
| 19 Preparation of respondent"s memorandum of fact and law5 10 |
| 22 Hearing of appeal (3 hours) 5 7 |
| 25 Services after judgment 3 1 |
| 26 Assessment of costs 3 6 |
[3] After reviewing the file, and in accordance with Rule 407, all the fees claimed are assessed at the maximum for Column III except item 26. I allow 2 units for the assessment of costs given that the assessment was uncontested and the bill filed is relatively straightforward. As for the expenses incurred under subsection 1(3) of the Tariff, I consider $30.76 for costs of service and $342.00 for the production of 6 copies of the respondent"s memorandum of fact and law, including her books of authorities, to be reasonable. Pursuant to the former Rule 1208, the respondent filed 4 copies of her memorandum with the Court, the other two copies being for each of the parties. This is also true of the books of authorities.
[4] The respondent"s costs are assessed and allowed in the amount of $2,272.76. A certificate will issue for this amount.
MICHELLE LAMY
ASSESSMENT OFFICER
MONTRÉAL, QUEBEC
June 4, 1998
Certified true translation
Peter Douglas
FEDERAL COURT OF APPEAL
Date: 19980604
Docket: A-334-97
Between:
TERRASSE JEWELLERS INC.,
LARRY BAILY AND ROSS BROTHERS (1975) INC.
Appellants
-and-
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS"REASONS
FEDERAL COURT OF APPEAL
Date: 19980604
Docket: A-334-97
Between:
TERRASSE JEWELLERS INC.,
LARRY BAILY AND ROSS BROTHERS (1975) INC.
Appellants
-and-
HER MAJESTY THE QUEEN
Respondent
CERTIFICATE OF ASSESSMENT
FEDERAL COURT OF APPEAL
COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-334-97
BETWEEN:
| TERRASSE JEWELLERS INC., |
LARRY BAILY AND ROSS BROTHERS (1975) INC.
Appellants
| -and- |
| HER MAJESTY THE QUEEN |
| Respondent |
| PLACE OF ASSESSMENT: Montréal, Quebec |
| DATE OF ASSESSMENT: June 1, 1998 |
REASONS BY THE ASSESSMENT OFFICER, M. LAMY
DATE OF REASONS FOR ASSESSMENT: June 4, 1998
APPEARANCE:
| Jean Lavigne for the respondent |
SOLICITORS OF RECORD:
Colin Irving & Associates
| Montréal, Quebec for the appellants |
| Department of Justice Canada for the respondent |
Montréal, Quebec