Date: 20020103

Docket: A-2-01

Citation: 2002 FCA 1

BETWEEN:

JAMES T. JOHNSTON

        Applicant

            - and -

               HER MAJESTY THE QUEEN

   Respondent

ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]         This application for judicial review was dismissed with costs on April 4, 2001. Ms. Krista Clark filed the respondent's bill of costs on December 6, 2001 and requested that it be assessed without the personal appearance of parties. By letter dated December 7, 2001 the Registry sent a copy of the bill of costs along with supporting documents to the applicant, Mr. James Johnston, by registered mail inviting written representations in response by December 28, 2001.

[2]         On January 2, 2002 the envelope that had been sent to the applicant was returned to the Federal Court by Canada Post with the mention "unclaimed". Is it fair to proceed with the assessment of costs at this time? I think so for the following reasons:

i)    the respondent has the right to have its costs assessed;

ii) the authority to assess costs flows from the Order of the Court and from the provisions of Rule 407 and Tariff B;

iii) the bill of costs filed on behalf of the respondent is so reasonable that it could not, in my view, be successfully challenged and

iv) the particular circumstances of this case are in keeping with the general principle expressed by the provisions of Rule 3 which read:

"These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits".

[3]         Two items are presented under assessable services:

i)    four (4) units are claimed for item 2 (preparation and filing of respondent's record and materials). On a scale of 4 to 7 units counsel choose the lowest possible number of units.

ii) three (3) units are claimed for the assessment of costs on a scale of 2 to 6.

[4]         Only two disbursements are claimed. The amounts of $9.46 for priority post charges and $189.75 to obtain the Tax Court transcript. Both expenses are supported with a copy of the invoices.

[5]         In the circumstances the bill of costs of the respondent is assessed as presented in the amount of $969.21 and a certificate of assessment will follow accordingly.

        

Halifax, Nova Scotia                                                                  

January 3, 2002 François Pilon

Assessment Officer

      FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.: A-2-01

BETWEEN: JAMES T. JOHNSTON

        Applicant

-and-

HER MAJESTY THE QUEEN

   Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

REASONS BY François Pilon, Assessment Officer

DATE OF REASONS:             January 3, 2002

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General

of Canada (Ottawa) for the Respondent