Federal Court of Appeal Decisions

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     Date: 19990608

     Docket: A-518-96

BETWEEN:     

     LAURENT BÉDARD

     Appellant

     - and -

     WARDEN OF SAINTE-ANNE-DES-PLAINES INSTITUTION

     Respondent

     ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER:

[1]      This concerns an appeal from a judgment of the Federal Court, Trial Division, dated June 6, 1996, dismissing the application for judicial review against the decision dated September 11, 1995, by the Warden of the Sainte-Anne-des-Plaines Institution. On February 18, 1998, the Court dismissed this appeal with costs.

[2]      On May 3, 1999, the respondent submitted his bill of costs for the assessment in writing. On May 27, counsel for the appellant confirmed in a letter that he would not make any representations with respect to the respondent"s bill of costs.

[3]      In light of the above, the counsel fees claimed under Column III of Tariff B for items 19 (4 units) and 22 (2 units/hour x 2 hours) are allowed as claimed. With respect to the expenses incurred under part III of the Tariff, I consider that the amount of $10.70 for costs of service and the production of six copies, instead of seven, of the respondent"s memorandum of fact and law in the amount of $337.50, are reasonable. The respondent filed four copies of his memorandum with the Court under former Rule 1208, with the two other copies for each of the parties. In my view, the production of the seventh copy does not have to be defrayed by the appellant.

[4]      The respondent"s costs are assessed and allowed in the amount of $1,148.20. A certificate is hereby issued for this amount.

     MICHELLE LAMY

    

     MICHELLE LAMY

     ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

June 8, 1999

Certified true translation

M. Iveson

     FEDERAL COURT OF CANADA

     APPEAL DIVISION


Date: 19990608


Docket: A-518-96

Between:

LAURENT BÉDARD

     Appellant

- and -

WARDEN OF SAINTE-ANNE-DES-PLAINES

INSTITUTION

     Respondent

    

     ASSESSMENT OF COSTS - REASONS

    

     FEDERAL COURT OF CANADA

     APPEAL DIVISION


Date: 19990608


Docket: A-518-96

Between:

LAURENT BÉDARD

     Appellant

- and -

WARDEN OF SAINTE-ANNE-DES-PLAINES

INSTITUTION

     Respondent

    

     CERTIFICATE OF ASSESSMENT OF COSTS

    

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:      A-518-96

STYLE OF CAUSE:         

         LAURENT BÉDARD

     Appellant

         - and -

         WARDEN OF SAINTE-ANNE-DES-PLAINES INSTITUTION

     Respondent

PLACE OF ASSESSMENT:          Montréal, Quebec

ASSESSMENT OF COSTS - REASONS OF M. LAMY, ASSESSMENT OFFICER

DATE OF REASONS:          June 8, 1999

APPEARANCES:          Assessment in writing

SOLICITORS OF RECORD:

Ebrahim, MacLeod & Gervais

Montréal, Quebec              for the appellant
Department of Justice Canada              for the respondent

Montréal, Quebec

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