ALAIN SEBAG, JOSEPH YOSSI CASTIEL, MOCHE CASTIEL, ISAAC CASTIEL, SIMON CASTIEL, 2756-2487 QUÉBEC INC., LOCATION AUTO IMPÉRIAL INC., 9113-9279 QUÉBEC INC., 1230588 ONTARIO INC. Applicants v. THE MINISTER OF PUBLIC SAFETY AND, 2011 FC 978

Federal Court Cour fédérale Date: 20110805 Docket: T-761-09 Citation: 2011 FC 978 Toronto, Ontario , August 5, 2011 PRESENT: Johanne Parent, Assessment Officer BETWEEN: ALAIN SEBAG, JOSEPH YOSSI CASTIEL, MOCHE CASTIEL, ISAAC CASTIEL, SIMON CASTIEL, 2756-2487 QUÉBEC INC., LOCATION AUTO IMPÉRIAL INC., 9113-9279 QUÉBEC INC., 1230588 ONTARIO INC.

Applicants and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND THE MINISTER OF NATIONAL REVENUE Respondents REASONS FOR ASSESSMENT JOHANNE PARENT, Assessment Officer [ 1 ] On March 15, 2011, the Court dismissed the application for judicial review, the whole with costs jointly and severally against the applicants.

Directions were issued and sent to the parties on May 11, 2011 informing them that the assessment of the respondents’ Bill of Costs would proceed in writing and of the deadline to file representations. [ 2 ] Counsel for the respondents filed the affidavit of disbursements of Mélanie Bilodeau within the prescribed timeframe. [ 3 ] Despite the directions served upon all parties on May 11, 2011, no other submissions were received by the Registry of the Court, nor were any request to extend the time to file submissions. In Dahl v. Canada , 2007 FC 192 (A.O.) , my colleague stated at paragraph 2 :

Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant's advocate in challenging given items in a bill of costs.

However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and the Tariff. [ 4 ] In accordance with the above referenced comments and considering the lack of challenge by the opposing party, I am prepared to determine the weight that should be given to the factors submitted in the respondents’ Bill of Costs. [ 5 ] In considering the assessable services claimed under Tariff B of the Federal Courts Rules, the counsel fees claimed for the preparation and filing of the respondents’ records and materials (Item 2), the preparation and filing of a contested motion (Item 5), the appearance on motions (Item 6), the preparation for hearing (Item 13), the attendance at Court for hearing (Item 14) and the assessment of costs (Item 26) will be allowed as claimed. [ 6 ] I examined the disbursements claimed along with the supporting material and consider them necessary charges to the conduct of this matter.

The amounts are reasonable and are therefore allowed. [ 7 ] The Bill of Costs is allowed for a total amount of $5,461.85. “Johanne Parent” Assessment Officer

FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T -761-09 STYLE OF CAUSE: ALAIN SEBAG, JOSEPH YOSSI CASTIEL, MOCHE CASTIEL, ISAAC CASTIEL, SIMON CASTIEL, 2756-2487 QUÉBEC INC., LOCATION AUTO IMPÉRIAL INC., 9113-9279 QUÉBEC INC., 1230588 ONTARIO INC. and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND THE MINISTER OF NATIONAL REVENUE ASSESSMENT OF COSTS DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ASSESSMENT OF COSTS BY: JOHANNE PARENT DATED: August 5, 2011 APPEARANCES : No Appearance FOR THE APPLICANTS Jacques Savary FOR THE RESPONDENTS SOLICITORS OF RECORD :

De Louya Pierre Markakis Montreal , Quebec FOR THE APPLICANTS Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENTS