Date: 19990429
Docket: A-627-97
BETWEEN:
BRIAN CHRISTOPHER BRADLEY
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
- and -
THE CANADIAN HUMAN RIGHTS COMMISSION
Intervenor
ASSESSMENT OF COSTS - REASONS
FRANCOIS PILON
Assessment Officer
This appeal was dismissed with costs on March 17, 1999. The Respondent filed
its Bill of Costs seeking $2,000 in fees and no amount for disbursements.1
Mr. Michael Donovan was acting on behalf of the Attorney General of Canada. The Appellant, Mr. Brian Bradley, was served with the Appointment, but was not present at the taxation.2
The items listed in the Bill of Costs reflect the highest level of compensation in column III. Mr. Donovan referred to specific factors to be taken into consideration in awarding costs as provided in Rule 400(3), namely paragraphs:
(a) the result of the proceeding;
(g) the amount of work;
(i) any conduct of a party that tended to shorten or unnecessarily lengthen the duration of the proceeding;
(k) whether any step in the proceeding was
(i) improper, vexatious or, unnecessary, or
(ii) taken through negligence, mistake or excessive caution.
Mr. Donovan referred the Assessment Officer to the following items or events as support for seeking the maximum units:
1. The Appellant filed his Notice of Appeal on September 16, 1997 along with his Memorandum of Fact and Law;
2. On October 1, 1997 the Respondent filed a motion to extend time to file its Memorandum of Fact and Law pursuant to Rule 1208; this motion was made necessary by the fact that the Appellant had filed his Memorandum of Fact and Law prior to the preparation of the Appeal Book.
The Court agreed and by Order dated October 29, 1997 allowed the extension of time sought, but without costs.
3 On March 9, 1998 Mr. Bradley filed a motion for an Order to provide legal counsel to represent him in the appeal. Mr. Donovan opposed the motion by filing written representations. The Court dismissed the motion without costs stating it was without authority to appoint counsel for the Appellant.
4. On August 12, 1998 the Appellant filed a Requisition for Hearing stating that he was unable to communicate with the Respondent regarding available dates; Mr. Donovan's said he was not consulted about his availability and had to file written submissions regarding hearing dates.
5 Respondent is not claiming any amounts for disbursements. Mr. Donovan argued he could have claimed for such services as photocopies, but chose not to; in his view this is an additional factor in support of claiming the maximum units.
6. Mr. Donovan stated it took him approximately two hours to prepare himself for the taxation.
In the absence of the Appellant at the taxation I have had to weigh carefully the arguments put forward by Mr. Donovan as well as the importance to be given to the various factors in Rule 400(3).
I am prepared to give some consideration to items 2,3 and 4 listed above as elements creating more work for counsel. However, I do not agree that these elements are, of themselves, sufficient to warrant the maximum number of units.
Keeping in mind the concept of partial indemnity and the impact of the above discussed factors in assessing costs I think the following assessment is fair to both parties:
Items Units Claimed Units Granted
19 7 5
22(9) 6 4
25 1 1
26 6 4
Total 20 14
In conclusion, the Respondent's Bill of Costs is assessed in the amount of $1,400.00. A Certificate of Assessment will issue accordingly.
François Pilon Assessment Officer
Halifax, N.S.
April 29, 1999.
NAMES OF COUNSEL AND SOLICITORS OF RECORD
STYLE OF CAUSE: Brian Christopher Bradley
- and -
The Attorney General of Canada
- and -
The Canadian Human Rights Commission
COURT NO.: A-627-97
DATE OF HEARING: April 28, 1999
PLACE OF HEARING: Halifax, Nova Scotia
ASSESSMENT OF COSTS - REASONS BY: François Pilon
Assessment Officer
DATE OF REASONS: April 29, 1999
APPEARANCES:
Michael Donovan for the Respondent
SOLICITORS OF RECORD:
Mr. Morris Rosenberg
Deputy Attorney General of Canada for the Respondent
__________________
1 At the taxation Mr. Donovan corrected the total number of units claimed from 23 to 20.
2 On April 12, 1999 the Appellant had contacted this Assessment Officer to discuss the validity of the Respondent's legal right to assess costs in the Federal Court.