Date: 20031222
Docket: A-10-02
Citation: 2003 FCA 490
BETWEEN:
ROBERT LAVIGNE
Applicant
(Appellant)
and
HUMAN RESOURCES DEVELOPMENT
(formerly HEALTH AND WELFARE CANADA)
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR
AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
ASSESSMENT OF COSTS - REASONS
FRANÇOIS MARTIN, ASSESSMENT OFFICER
[1] This assessment of costs is further to a judgment dated May 5, 2003 dismissing the Appeal without costs in favour of the Respondents.
[2] On August 13, 2003, the Respondent, Her Majesty the Queen, filed a bill of costs together with an affidavit of Liliane Bruneau and a request for a decision without personal appearance of parties.
[3] On August 29, 2003 we sent letters to the parties setting a schedule for the filing of their written submissions. As no written submission has been filed, I am prepared to assess the costs based on the documentation in the record.
[4] Counsel for the Respondent claims 7 units under item 19, 3 units under item 22a) and 6 units under item 26 representing the maximum amount of units for each of these items.
[5] It is not my habit to intervene in the absence of representations of the opposing party. However, since the Appellant is not represented by counsel and considering my discretion regarding Rule 400, the units claimed under item 19 will be reduced to 5 units. Since the assessment of costs is not contested, 2 units will be allowed under item 26.
[6] The claim of $ 2,464.66 representing disbursements is well justified by the affidavit of Liliane Bruneau and will be allowed as requested.
[7] The Respondent's bill of costs is assessed and allowed in the amount of $ 1,224.67 and $ 2,464.66 for disbursements. A certificate of taxation is issued in the amount of $ 3,689.33.
DATED AT MONTREAL, THIS 22ND DAY OF DECEMBER, 2003.
Signed : « François Martin » FRANÇOIS MARTIN
ASSESSMENT OFFICER
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE:
BETWEEN:
ROBERT LAVIGNE
Applicant
(Appellant)
and
HUMAN RESOURCES DEVELOPMENT
(formerly HEALTH AND WELFARE CANADA)
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR
AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Montreal, Quebec
ASSESSMENT OF COSTS -
REASONS BY: FRANÇOIS MARTIN, ASSESSMENT OFFICER
DATE OF REASONS: DECEMBER 22, 2003
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondents, Human Resources Development and Attorney General of Canada
Bernard, Roy & Associés
Department of Justice of Quebec
Litigation, Division, Attorney General of Quebec
Montreal, Quebec for the Respondents, Minister of State for Labour and Employment for the Province of Quebec and Attorney General of Quebec