Between:
Plaintiff
and
Defendant
ASSESSMENT OF COSTS – REASONS
JUDITH CHARLES, ASSESSMENT OFFICER
[1] This is an assessment of the Defendant’s Bill of Costs following the Court’s granting of the Defendant’s notice of motion for an Order pursuant to Rule 216 of the Federal Courts Rules. Costs were awarded to the Defendant.
[2] The Defendant filed the Bill of Costs and an affidavit of disbursements on April 17, 2007. Upon review, it was determined that the assessment would be done in writing and so a timetable for the filing of materials was issued.
[3] The Defendant did not file further documents. By way of letter dated November 29, 2007, the Plaintiff’s counsel advised that he does not have instructions from the Plaintiff but under the circumstances, he did not anticipate the Plaintiff contesting the Defendant’s Bill of Costs.
[4] The Defendant’s fees are allowed at $1504.80 for the following items per Tariff B: Item 2 (Preparation and filing of defence) 4 units; Item 5 (Preparation and filing of a contested motion) 5 units; Item 26 (Assessment of Costs) 2 units.
[5] The Defendant submitted $533.58 in disbursements all of which are substantiated by the affidavit filed in support of the Bill of Costs and is therefore allowed.
[6] The Bill of Costs totalling $2038.38 is allowed. A certificate of assessment in this amount will be issued.
HALIFAX, NOVA SCOTIA
January 28, 2008
FEDERAL COURT OF APPEAL
NAME OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1167-06
STYLE OF CAUSE: PETER GARTH HILL v. HER MAJESTY THE QUEEN
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
PLACE OF TAXATION: Halifax, Nova Scotia
REASONS BY: JUDITH CHARLES, ASSESSMENT OFFICER
DATE OF REASONS: January 28, 2008
SOLICITOR OF RECORD:
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IOSIPESCU, WHITEHEAD & METLEGE Halifax, NS
John H. Sims, Q.C. Deputy Attorney General of Canada Halifax, NS |
FOR THE PLAINTIFF
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