[ENLGISH
TRANSLATION]
BETWEEN:
Plaintiff
and
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICER
[1] On November 30, 2007, the plaintiff filed a discontinuance of his application for an extension of time to file a judicial review; the defendant, under Rule 402 of the Federal Courts Rules, is therefore entitled to those costs.
[2] On March 24, 2009, counsel for the defendant filed a bill of costs and asked that it be assessed without appearance of the parties. On April 23, 2009, letters were sent to the parties setting a timeline for filing written submissions. Since I have not received any written submissions to date, I am now ready to assess the costs based on the documentation on record.
[3] The plaintiff claims 7 units for item 2 – Statement of claim and counterclaim. It would have been more appropriate to use item 5 instead of item 2, because item 5 is under heading “B. Motions” of Tariff B. However, I cannot allow this item and the disbursements because there is no Court order that rules on this motion and the costs thereof under Rule 400(1) of the Federal Courts Rules.
[4] The defendant claims 6 units for assessment (item 26). Since this is neither challenged or complicated, I will allow 2 units.
[5] The defendant’s bill of costs is allowed and assessed in the amount of $240. A certificate of assessment will be issued for this amount.
MONTRÉAL, QUEBEC
June 22, 2009
SOLICITORS OF RECORD
DOCKET: 07-T-49
STYLE OF CAUSE: DUC DUONG PHAM v. ATTORNEY GENERAL OF CANADA
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF: DIANE PERRIER, ASSESSMENT OFFICER
DATED: June 22, 2009
SOLICITORS OF RECORD
Laval, Quebec
|
FOR THE PLAINTIFF
|
John Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec |
FOR THE DEFENDANT |