Date: 20000112
Docket: T-1874-97
IN THE MATTER of an application for a remedy
pursuant to subsection 77(1) of the
Official Languages Act
R.S.C. 1985, c. 31 (4th Supp.)
BETWEEN:
DANIEL DUGUAY
Applicant
AND
HER MAJESTY THE QUEEN
- and -
MINISTER OF NATIONAL DEFENCE AND
VETERANS AFFAIRS
Respondents
AND
OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES
Third Party
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This was an application for a remedy pursuant to section 77 of the Official Languages Act, allowed in part by the Court on September 15, 1999. In this case, the respondents were ordered to pay the applicant $6,000.00 and costs. Following the filing of the applicant"s bill of costs, the assessment of the costs proceeded on December 20, 1999 by conference call in the presence of Mr. Robert Parent, counsel for the applicant, and Ms. Véronica Romagnino, representing the respondent.
FEES
The fees requested by the applicant in his bill of costs are as follows:
| Item 1 Item 4 Item 8 Item 13(a) Item 14(a) Item 25 |
$ 500.00 $ 300.00 $ 400.00 $ 500.00 $1,800.00 ($300.00 X 6 hours) $ 100.00 |
[2] The respondent does not dispute any of the services submitted for assessment, but does dispute the number of units. With the exception of item 25, the respondents think that in light of the factors listed in Rule 400(3) of the Federal Court Rules, including the result of the proceeding, the amounts claimed versus the amounts recovered and the importance and complexity of the issues, the following number of units should be allowed: 4 units (item 1), 2 units (item 4), 2 units (item 8), 3 units (item 13(a)) and 2 units (item 14(a)). Having heard the parties" submissions, I hold that the issues raised by this case were important, particularly the issue as to the compensation for offences to the Official Languages Act , which necessitated a fairly substantial volume of work. In this context, I think the number of units requested is reasonable, and allow the amount of $3,600.00 as fees.
DISBURSEMENTS
At the hearing the parties agreed on the following costs totalling $950.45.
| Court fees Transportation Bailiff"s fees Postal costs Printing Photocopies (1,500 copies X .25) Long-distance charges |
$ 100.00 $ 24.00 $ 44.78 $ 9.00 $ 197.67 $ 375.00 $ 200.00 |
[3] In his bill of costs, the applicant requests $200.00 in miscellaneous administrative costs. Most of these expenses are ongoing office expenses and hard to recover in terms of an assessment. However, the respondents agree to an amount of $50.00. In the circumstances, I allow the agreed amount for this item.
[4] The only disbursement that was actually disputed is the expert witness fees in the amount of $800.00. Since the respondents demanded that all of the evidence, including the issue of damages, be available prior to the trial on the merits, they can now hardly refuse to pay the bill therefor. Accordingly, these costs are allowed as requested.
[5] The applicant"s disbursements amount, therefore, to $1,800.45.
CONCLUSION
The applicant"s bill of costs in this matter is assessed in the amount of $5,400.45 and a certificate shall issue for that amount.
| MICHELLE LAMY |
| ASSESSMENT OFFICER |
MONTRÉAL, QUEBEC
January 12, 2000
Certified true translation
Martine Brunet, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET NO: T-1874-97 |
IN THE MATTER of an application for a remedy
pursuant to subsection 77(1) of the
Official Languages Act
R.S.C. 1985, c. 31 (4th Supp.)
BETWEEN:
DANIEL DUGUAY
Applicant
AND
HER MAJESTY THE QUEEN et al.
Respondents
ASSESSMENT OF COSTS BY CONFERENCE CALL VIA MONTRÉAL, QUEBEC; QUÉBEC, QUEBEC; AND OTTAWA, ONTARIO
REASONS OF M. LAMY, ASSESSMENT OFFICER
DATED: January 12, 2000
APPEARANCES:
Robert Parent for the Applicant
Véronica Romagnino for the Respondents
SOLICITORS OF RECORD:
Lavoie, Asselin & Parent for the Applicant
Québec, Quebec
Department of Justice for the Respondents
Ottawa, Ontario
Elizabeth Grace for the Third Party
Ottawa, Ontario