Date: 20081001
Docket: T-416-02
Citation: 2008 FC 1096
BETWEEN:
and
ASSESSMENT OF COSTS – REASONS
Johanne Parent, Assessment Officer
[1] On May 7, 2002, the defendant obtained a Court order dismissing the plaintiff’s action with costs. Directions were sent to the parties on July 16, 2008, in order to assess the defendant’s bill of costs without personal appearance of the parties. The defendant's representatives filed affidavits and written submissions within the prescribed time. Despite the notices served on the plaintiff by registered mail, the directions dated July 16, 2008, and the defendant’s affidavit concerning costs, no written submissions or request to extend the time limit to file written submissions were received. The bill of costs will therefore be assessed despite the plaintiff’s failure to contest it.
[2] Considering the time that has elapsed between the Court’s judgement and the assessment of the bill of costs, the issue of the time limit for costs could have been argued by the parties. However, in the absence of submissions from the opposing party, I will assess the defendant’s bill of costs of August 20, 2003, as it appears in the affidavit of Sabrina Esty sworn May 9, 2005, and filed in the Court file on November 15, 2007.
[3] The three units claimed under item 5 for the preparation and filing of the motion to have the action dismissed and the two units claimed under item 27 for the assessment of costs are allowed as requested. The disbursements incurred by the defendant are justified by way of affidavit and deemed reasonable and necessary for the proceeding. They are therefore allowed in the total amount of $194.78.
[4] The defendant’s bill of costs is allowed at $744.78. A certificate of assessment will be issued for this amount.
Toronto, Ontario
October 1, 2008
Certified true translation
Johanna Kratz
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-416-02
STYLE OF CAUSE: MICHEL LOLAENGA EDUNGU v. MINISTER OF NATIONAL REVENUE
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
PLACE OF ASSESSMENT: TORONTO (ONTARIO)
ASSESSMENT OF COSTS - REASONS: JOHANNE PARENT
ASSESSMENT OFFICER
WRITTEN REPRESENTATIONS BY:
No written representations |
FOR THE PLAINTIFF (representing himself)
|
Hong Ky (Eric) Luu
|
FOR THE DEFENDANT |
SOLICITORS OF RECORD:
MICHEL LOLAENGA EDUNGU Toronto, Ontario
|
FOR THE PLAINTIFF (representing himself) |
John H. Sims, Q.C. Deputy Attorney General of Canada Toronto, Ontario
|
FOR THE DEFENDANT |