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Date: 20000418 Docket: A-418-99 CORAM : DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: LES ENTREPRISES A.B. RIMOUSKI INC. AND ALDÈGE BANVILLE Appellants - and - HER MAJESTY THE QUEEN Respondent Hearing held at Montréal, Quebec, on Wednesday, April 12, 2000 Judgment delivered at Ottawa, Ontario, on Tuesday, April 18, 2000 REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: LÉTOURNEAU J.A. DÉCARY J.A. Date: 20000418 Docket: A-418-99 CORAM : DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: LES ENTREPRISES A.B. RIMOUSKI INC. AND ALDÈGE BANVILLE Appellants - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT NOËL J.A. [1] This is an appeal from a decision of Rouleau J. granting the respondent's motion for a review of the fees and disbursements awarded by the assessment officer. [2] The appellant, Mr. Banville, in his capacity as plaintiff-assignee, had been successful in an appeal to this Court, and costs had been awarded in his favour. He then demanded that the respondent pay the costs he had incurred to perfect the appeal, including the following two items:
[3] Both these amounts were allowed by the assessment officer but were subsequently struck in part by Rouleau J. on motion of the respondent. Mr. Banville appeals from that decision, arguing that Rouleau J. misdirected himself. [4] The appeal cannot succeed. According to the file, the claim for loss of income is an estimate of the earnings Mr. Banville could have generated during the period of time he represented himself in these proceedings. Clearly, reimbursement of this amount cannot be ordered, as it is not a "disbursement" within the meaning of the Federal Court Rules, 1998.1 [5] According to the file, the claim for legal fees represents amounts paid to a lawyer who was advising Mr. Banville "behind the scenes" regarding his appearance before our Court. As Rouleau J. stated, a person who represents himself cannot, in principle, be awarded costs for legal fees. In fact, legal fees can only be reimbursed if awarded on a "solicitor-and-client" basis in accordance with subparagraph 400(6)(c) of the Federal Court Rules, 1998. Nevertheless, Rouleau J. allowed $2,500 for legal fees as well as most of the disbursements incurred by the lawyer, recognizing that Mr. Banville was representing himself and that the lawyer's advice may have facilitated his submissions before this Court. Mr. Banville is in no position to complain. [6] I would dismiss the appeal and, under the circumstances, without costs. Marc Noël J.A. "I concur. Robert Décary J.A." "I concur. Gilles Létourneau J.A." Certified true translation Mary Jo Egan, LL.B Date: 20000418 Docket: A-418-99 CORAM : DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: LES ENTREPRISES A.B. RIMOUSKI INC. AND ALDÈGE BANVILLE Appellants - and - HER MAJESTY THE QUEEN Respondent JUDGMENT The appeal is dismissed without costs. Robert Décary J.A. Certified true translation Mary Jo Egan, LL.B. FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-418-99 STYLE OF CAUSE: LES ENTREPRISES A.B. RIMOUSKI INC. AND ALDÈGE BANVILLE Appellants -and- HER MAJESTY THE QUEEN Respondent PLACE OF HEARING: MONTRÉAL, QUEBEC DATE OF HEARING: APRIL 12, 2000 REASONS FOR JUDGMENT BY: NOËL J.A. CONCURRED IN BY: LÉTOURNEAU J.A. DÉCARY J.A. DATED: APRIL 18, 2000 APPEARANCES: Aldège Banville FOR HIMSELF Stéphane Lilkoff FOR THE RESPONDENT SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario __________________ 1 See subsection 1(4) of Tariff B of the Federal Court Rules, 1998. |
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