[1] |
Rules 400-422 of the Federal Court Rules, 1998 address costs. After filing a bill of costs
pursuant to Rule 406, you may obtain a returnable date for a notice of appointment for assessment of costs by writing a letter to the Registry with proposed dates or by calling the Registry.
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[2] |
The notice of appointment for assessment of costs may be submitted in the following format:
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In the Federal Court of Appeal
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Court No. ______ |
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Between: |
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Name of party |
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Plaintiff/Appellant |
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- and -Name of party |
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Respondent |
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Notice of Appointment for Assessment of Costs |
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I HEREBY APPOINT:
Date: __________
Time: __________
Place: __________
for the assessment of the Defendant's costs in this matter.
Dated this _____ day __________, 2004
____________________
Assessment Officer
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To the Plaintiff/Appellant
Solicitor of record: full firm name and address for service and telephone number
Taken out by the Respondent
Solicitor of record: full firm name and address for service and telephone number
Remember that Rule 406(2) requires 10 days notice for the assessment and that proof of service on all interested parties must be available in order for the assessment to proceed.
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[3] |
An assessment on the basis of written representations may be requested as an alternative to
an in-person hearing. A covering letter to the Registry must accompany the filing of the bill
of costs proposing disposition in writing. The assessment officer will issue directions
setting a timetable for the service and filing of written materials. |
[4] |
The following is a sample bill of costs in an acceptable format (since this is a formal
document to be served and filed, it requires the usual information omitted here for
convenience, such as heading, court number, style of cause, title of document, name with full
address for service and telephone number of the party from which the bill originates ie. the Respondent and his law firm's name, full address for service and telephone number: see Rules
66 et seq.):
Fees:
Item |
Assessment Service |
Column III Units |
Off |
Allowed |
2 |
Statement of Defence and counterclaim |
7 |
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13(a) |
Preparation for trial |
5 |
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13(b) |
Preparation for trial per 2nd and 3rd days of trial x 3 units per day |
6 |
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14(a) |
Attendance by 1st counsel 6 hours x 3 units per hour, November 6, 2001
6 hours x 3 units per hour, November 7, 2001 7 hours x 3 units per hour, November 8, 2001 |
57 |
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25 |
Services after Judgment |
1 |
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26 |
Assessment of Costs |
6 |
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Subtotal 82 units x $110.00 per unit = $9,020.00
GST at 7% = $631.40
PST at 7% = $631.40
Total fees: = $10,282.80
NOTE: PST may vary from province to province
Disbursements
Item |
Amounts Claimed |
Off |
Allowed |
Court reporter attendance fees and
transcripts, for Plaintiff's and Defendant's discovery |
$3,107.11 |
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Registry fees: subpoenas and counterclaim: $60 + $150.00 |
$210.00 |
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Expert report A.L. Brown |
$4,179.51 |
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Total disbursements = $7,496.62
Total fees and disbursements = $17,779.42
Assessed and allowed at $__17,779.42__
Dated this _______ day _________, 2004
_____________________
Assessment Officer |
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[5] |
If dissatisfied with the result at assessment, Rule 414 provides for filing and service of
a notice of motion for review by a judge of the Federal Court of an assessment by an
assessment officer who is not a judge. |