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                                                                                                                                            Date: 20010712

                                                                                                                                         Docket: A-722-97

Neutral Citation: 2001 FCA 237

Between:

LYNE PÉRUSSE

Applicant

AND

THE MINISTER OF NATIONAL REVENUE

Respondent

ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]         This was an application for judicial review that was allowed with costs on March 10, 2000. Following this judgment, the applicant filed her bill of costs on May 11, 2001 and asked that it be assessed without personal appearance of the parties. To this effect, the respondent submitted his written representations on June 7 and the applicant produced her reply on July 9.


[2]         Counsel for the applicant is claiming in his bill of costs fees under items 17 to 27 of Tariff B. In his observations, the respondent argued that these items are reserved for services rendered in an appeal, while this case is an application for judicial review under the Unemployment Insurance Act. However, the respondent says he agrees that counsel fees be awarded as follows: item 1 (5 units), item 13 (3 units), item 14 (2 units x 2.5 hours), item 25 (1 unit) and item 26 (4 units), for a total of $1,980.00. Since the applicant has agreed to amend its bill of costs along those lines, this sum is awarded as fees.

[3]         In light of the parties' representations, the disbursements incurred in this case in the amount of $3,258.89 are assessed as follows:

·            the registry fees of $50.00 under Tariff A are awarded, as are the fees for the bailiff ($107.26), mail ($46.85), reproduction ($135.46) and travel ($842.19), which are not contested.

·            the costs incurred in the amount of $1,571.00 for the transcript are awarded as are. A portion of this amount is contested, but the representations of Mr. Cavanagh are that the transcript of the examination for discovery of June 10, 1997 was used in the composition of the applicant's record.


·            the respondent contests the amounts for costs of mail ($12.38), reproduction ($127.75), faxes ($326.00) and telephone ($40.00) because they "[Translation] are not supported by any invoices or clear evidence of the disbursement, they do not represent the actual cost of the disbursement, but rather they are part of the normal path taken by a case and the general expenses of a law office." Indeed, the evidence submitted in support of these claims is deficient, but the explanations supplied by Mr. Cavanagh allow me to find that the amounts claimed are reasonable and therefore allowed. To this effect, I refer the parties to the decision of Taxing Officer Charles Stinson in Carlile v. Canada (1997), F.C.J. no. 885, at p. 6:

Taxing Officers are often faced with less than exhaustive proof and must be careful, while ensuring that unsuccessful litigants are not burdened with unnecessary or unreasonable costs, to not penalize successful litigants by denial of indemnification when it is apparent that real costs were indeed incurred. This presumes a subjective role for the Taxing Officer in the process of taxation.

[4]         The applicant's costs are assessed and allowed in the amount of $5,238.89. A certificate shall issue for that amount.

                     MICHELLE LAMY

                ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

July 12, 2001

Certified true translation

Suzanne M. Gauthier, LL.L., Trad. a.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20010712

                                                           Docket: A-722-97

Between:

LYNE PÉRUSSE

Applicant

AND

THE MINISTER OF NATIONAL REVENUE

Respondent

ASSESSMENT OF COSTS - REASONS


FEDERAL COURT OF CANADA

APPEAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE NO:                                  A-722-97

Between:

LYNE PÉRUSSE

Applicant

AND

THE MINISTER OF NATIONAL REVENUE

Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:Montréal,Quebec

REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                         July 12, 2001

SOLICITORS OF RECORD:

Guy Cavanagh

New Richmond, Quebec                                                               for the applicant

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                                             for the respondent

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