Date: 20001124
Docket: A-104-97
BETWEEN:
ROBERT LAVIGNE
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
-and-
HUMAN RESOURCES DEVELOPMENT
(Formerly Health and Welfare Canada)
Respondent
-and-
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
ASSESSMENT OF COSTS - REASONS
FRANÇOIS PILON
Assessment Officer
[1] This appeal was dismissed with costs on the 8th of June 1998. Mr. Raymond Piché the solicitor for the respondent Her Majesty the Queen filed a bill of costs on the 11th of October 2000 and requested it be assessed without the personal appearance of parties. The Registry wrote to the appellant, Mr. Lavigne on the 26th of October 2000 inviting written representations in response to be filed by the 17th of November 2000. To date none has been received.
[2] In assessing the bill of costs I have considered the provisions of Rule 400 (3) as they apply specifically to these proceedings. In my view the amounts claimed and recovered, the importance and complexity of the issues and the amount of work carried out do not justify the maximum number of units claimed for items 19, 22 (a) and 26. The items listed in the bill of costs will therefore be allowed as follows:
| [ · ] one (1) unit for item 18 (preparation of the appeal book) or 100,00$ |
| [ · ] five (5) units for item 19 (memorandum of fact and law) or 500,00$ |
| [ · ] two (2) units for item 22 (a) (counsel fees) or 500,00$ |
| [ · ] four (4) units for item 26 (assessment of costs) or 200,00$* |
| * Mr. Piché had already reduced the amount of this item by 50% in compliance with item 28 of Tariff B. |
[3] Various items of disbursements for photocopying charges and expenses incurred to effect the service of documents are supported by evidence and will be allowed as submitted.
[4] The respondent's bill of costs is assessed and allowed in the amounts of $1, 300.00 for assessable services, and $ 326.59 for disbursements. A certificate of assessment will issue in the amount of $1,626.59.
Halifax, Nova Scotia
November 24, 2000 François Pilon
Assessment Officer
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT FILE NO.: A-104-97 |
| BETWEEN: ROBERT LAVIGNE |
Appellant
-and-
HER MAJESTY THE QUEEN
Respondent
-and-
HUMAN RESOURCES DEVELOPMENT
(Formerly Health and Welfare Canada)
Respondent
-and-
THE OFFICE OF THE COMMISSIONER
OF OFFICIAL LANGUAGES
Intervenor
| PLACE OF ASSESSMENT: Halifax, Nova Scotia |
ASSESSMENT OF COSTS - REASONS by François Pilon, Assessment Officer
| DATE OF REASONS: November 24, 2000 |
| SOLICITORS OF RECORD: |
Morris Rosenberg
Deputy Attorney General
| of Canada for the Respondent |