CLOTILDE BÉRUBÉ Appellant v. HER MAJESTY THE QUEEN IN RIGHT OF, 2011 FCA 68

Federal Court of Appeal Cour d'appel fédérale Date: 20110224 Docket: A-77-09 Citation: 2011 FCA 68 Present: JOHANNE PARENT, Assessment Officer BETWEEN: CLOTILDE BÉRUBÉ Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE ATTORNEY GENERAL FOR QUEBEC Respondents Dealt with in writing without appearance of parties. Certificate of costs delivered at Toronto , Ontario, on February 24 , 2011. REASONS FOR ASSESSMENT OF COSTS BY: Johanne Parent, Assessment Officer

Federal Court of Appeal Cour d'appel fédérale Date: 20110224 Docket: A-77-09 Citation: 2011 FCA 68 Present: JOHANNE PARENT, Assessment Officer BETWEEN: CLOTILDE BÉRUBÉ Appellant and HER MAJESTY THE QUEEN IN RIGHT OF CANADA and THE ATTORNEY GENERAL FOR QUEBEC Respondents REASONS FOR ASSESSMENT OF COSTS JOHANNE PARENT, Assessment Officer [ 1 ] On October 20, 2010, the Court dismissed the appeal with costs.

Directions were issued and sent to the parties on November 30, 2010 informing them that this assessment of costs would proceed in writing and of the deadline to file representations. [ 2 ] Counsel for the respondent, Her Majesty the Queen in Right of Canada, filed in support of the Bill of Costs the affidavit of Stéphanie Dion within the prescribed timeframe.

No further representations were received by the Registry of the Court, nor was any request to extend the time to file submissions. [ 3 ] I will now proceed with the assessment of costs taking into consideration the observations of my colleague in Dahl v Canada , 2007 FC 192 (AO) 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 view of the services claimed under Tariff B of the Federal Courts Rules, the counsel fees for the Memorandum of fact and law (Item 19), the hearing of the appeal (Item 22), the services after judgment (Item 25) and the assessment of costs (Item 26) will be allowed as claimed. [ 5 ] I examined the disbursements claimed by the respondent, Her Majesty the Queen in Right of Canada, along with the supporting affidavit. I consider them necessary charges to the conduct of this matter.

The amounts are reasonable and are therefore allowed. [ 6 ] The Bill of Costs of the respondent, Her Majesty the Queen in Right of Canada, is allowed for a total amount of $2,109.94 "Johanne Parent" Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-77-09 STYLE OF CAUSE: C LOTILDE BÉRUBÉ v HER MAJESTY THE QUEEN IN RIGHT OF CANADA AND THE ATTORNEY GENERAL FOR QUEBEC MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ASSESSMENT OF COSTS BY: JOHANNE PARENT, Assessment Officer DATED: February 24, 2011 WRITTEN REPRESENTATIONS BY : N/A FOR THE APPELLANT (Self- Represented)

Stéphanie Dion N/A FOR THE RESPONDENT ( Her Majesty the Queen in Right of Canada ) FOR THE RESPONDENT (The Attorney General for Quebec ) SOLICITORS OF RECORD : N/A FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada BERNARD, ROY (JUSTICE-QUEBEC) Minister of Justice of Quebec Montreal, Quebec FOR THE RESPONDENT ( Her Majesty the Queen in Right of Canada ) FOR THE RESPONDENT (The Attorney General for Quebec )