Date: 20050128
Dockets: A-609-00
A-610-00
Citation: 2005 FCA 40
BETWEEN:
CHUNG J. HUH
HUN HUH
Applicants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
BRUCE PRESTON
ASSESSMENT OFFICER
[1] On December 11, 2005, the Court heard the judicial review applications on files A-609-00 and A-610-00. These files were dealt with simultaneously.
[2] On August 15, 2001, the Court granted, with costs, the Respondent's motion on file A-610-00 to strike certain paragraphs of the Applicant's Affidavit. On December 11, 2002, the Court dismissed the Applicants' Application for judicial review with one set of costs for both files.
[3] On August 6, 2004, the Respondent filed a Bill of Costs together with a letter requesting the Assessment be heard by way of teleconference.
[4] On October 28, 2004, Applicant's counsel filed a motion for an order removing Wilson Vukelich LLP as solicitor of record. On November 22, 2004, the Court ordered Wilson Vukelich LLP removed as solicitor of record effective upon filing of proof that a copy of this said order has been served on the Applicant. On December 1, 2004, Wilson Vukelich LLP filed an Affidavit of service confirming service of said order on the Applicant on November 30, 2004.
[5] Having reviewed the file, it appeared that the issues were straight forward and this matter was appropriate to be dealt with in writing. On December 3, 2004, a letter was issued to the parties setting a timetable for filing submissions.
[6] The time for filing submissions has now lapsed and the Applicant has not filed any materials in response to the Respondent's written submissions.
[7] In these circumstances, an assessment officer must, from a position of neutrality, determine the reasonableness of the items claimed in the Bill of Costs. This must be done to ensure items claimed are within the terms of any judgments and orders, but also to ensure the items claimed are allowed under the Rules and Tariff.
[8] Having reviewed the Bill of Costs and the written submissions of the Respondent, in the circumstances of the present case, the costs are allowed as presented in the amount of $4,611.87, plus $660.00 for the Assessment of costs for a total of $5,271.87.
[9] A certificate of assessment will issue in the amount of $5,271.87.
"Bruce Preston"
Bruce Preston
Assessment Officer
Toronto, Ontario
January 28, 2005
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-609-00; A-610-00
STYLE OF CAUSE: Chung J. Huh
Hun Huh
Applicants
and
AGC
Respondent
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
PLACE OF HEARING: Toronto, Ontario
ASSESSMENT OF COSTS
REASONS BY: Bruce Preston, Assessment Officer
APPEARANCES:
On Own FOR THE APPLICANT
John Sims FOR THE RESPONDENT
SOLICITORS OF RECORD:
Chung J Huh
Hun Huh
Toronto, Ontario FOR THE APPLICANT
Mr John Sims
Deputy Attorney General of CanadaFOR THE RESPONDENT