Date: 19991012
Docket: T-167-95
BETWEEN:
DENNIS BLACK
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS - REASONS
G.M. Smith,
Assessment Officer
[1] This is an assessment of the Defendant's Bill of Costs.
[2] These proceedings were commenced by Statement of Claim filed on January 26, 1995. The case proceeded to trial at Toronto, Ontario, beginning on May 5, 1997 for one and one-half days. On May 29, 1999 the Court rendered judgment dismissing this action and awarding costs to the Defendant.
[3] The Defendant filed her Bill of Costs on April 26, 1999 and requested it be assessed on the basis of written representations, rather than by personal appearance by the parties. The Bill of Costs was served on the Plaintiff on August 9, 1999 and the parties were then given until Friday, September 3, 1999 and Friday, September 17, 1999 to serve and file their reply and rebuttal representations, respectively.
[4] As of the date of these reasons, no representations had been filed by the Plaintiff in response to the Defendant's Bill. I have therefore considered this matter based on the state of the Court's record at that time and have assessed the Defendant's costs as follows.
[5] Having considered the factors set out in Rule 400(3), I find the costs claimed for the services of counsel to be reasonable. They will therefore be allowed as claimed in the full amount of $2,450.00, exclusive of the two units included in the Defendant's Bill for this assessment itself which appear not to be pressed by the Defendant.
[6] I have also reviewed thoroughly the disbursements claimed by the Defendant. They are supported by evidence submitted in the affidavit of Janice Walsh sworn March 25, 1999. With the exception of a mathematical correction consistent with the Avanti Paralegal Services invoice for $86.67 and a $9.40 meal allowance reduction for the witness Todd Bondy, which I think was excessive to the travel time required for his attendance, all of the remaining disbursements appear reasonable in the circumstances of defending against the Plaintiff's action. They are properly supported by invoices and are therefore allowed in the amount of $4,452.54.
[7] Accordingly, a Certificate of Assessment will issue for fees and disbursement in the total amount of $6,902.54.
Sgd. (Gregory M. Smith)
Gregory M. Smith
Assessment Officer
Ottawa, Ontario
October 12, 1999
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-167-95
DENNIS BLACK
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
- REASONS BY G.M. SMITH, ASSESSMENT OFFICER
DATE OF REASONS: October 12, 1999
APPEARANCES:
No one appearing for the Plaintiff
Christine Mohr for the Defendant
SOLICITORS OF RECORD:
Codina & Pukitis
Barristers & Solicitors
Toronto, Ontario for the Plaintiff
Morris A. Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario for the Defendant