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                                                                                                                                  Date: 20040416

                                                                                                                               Docket: A-741-01

Citation: 2004 FCA 155

Between:

MARTIN SÉGUIN AND NANCY BOUCHER

DBA A.A. BOUCHER SABLAGE ENR.

Applicants

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS - REASONS

FRANÇOIS MARTIN, ASSESSMENT OFFICER

[1]         This is an assessment of costs pursuant to the order delivered by Décary, Nadon and Pelletier JJ.A. on March 10, 2003, allowing the motion to dismiss the application and dismissing the application for judicial review, with costs to the respondent.

[2]         Counsel for the respondent filed his bill of costs on December 16, 2003, accompanied by a request for a decision without personal appearance of the parties.

[3]         The record indicates that the respondent's bill of costs was served on the applicants' counsel on December 12, 2003.


[4]         A schedule for the filing of submissions was drawn up and conveyed to the parties on January 12, 2004. No submission has been filed to date. In view of the foregoing, I am prepared to assess the costs in favour of the respondent.

[5]         The fees requested are allowed except in regard to the request under item 26 for the assessment of costs. Since the assessment of costs was not disputed, two units will be allowed for this item.

[6]         The disbursements in the amount of $24.42 are allowed as requested.

[7]         The respondent's costs are therefore assessed and allowed in the amount of $794.42.

                       "François Martin"

FRANÇOIS MARTIN

ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

April 16, 2004

Certified true translation

Suzanne Gauthier, C.Tr., LL.L.


FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                                   A-741-01        

Between:

MARTIN SÉGUIN AND NANCY BOUCHER

DBA A.A. BOUCHER SABLAGE ENR.

Applicants

and

HER MAJESTY THE QUEEN

Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:                          Montréal, Quebec

REASONS OF FRANÇOIS MARTIN, ASSESSMENT OFFICER                                 

DATE OF REASONS:                                                April 16, 2004

SOLICITORS OF RECORD:

Carignan, Séguin                                                            for the applicants

Le Gardeur, Quebec

Morris Rosenberg                                                          for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario

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