PRACTICE |
Costs |
Desloges v. Canada (Attorney General)
T-729-00
2001 FCT 1142, Stinson A.O.
19/10/01
5 pp.
Judicial review of decision of Veterans Review and Appeal Board denying application for medical pension--Court quashed decision with costs including direction applicant, as self-represented litigant, not entitled to counsel fees, but entitled to disbursements in accordance with Tariff B--Only items in issue $21.50 for parking, $234.24 for transportation--Respondent arguing applicant not entitled to travel expenses as neither witness nor legal counsel--Tariff A, s. 3(1) formula for travel expenses for witnesses--Best way to administer scheme of costs in litigation to choose positive applications of provisions as opposed to narrower, negative ones--Tariff A, s. 3(1) not precluding travel expenses for other participants in litigation--Reference in Tariff B, s. 1(3)(a) to payments to witnesses under Tariff A simply particularizes category, but does not address, limit other disbursements such as travel expenses for non-witnesses--Disbursement payment by either side in litigation to disinterested third person for service, not falling within professional expertise of solicitor, reasonable, necessary to advance litigation--Applicant had to perform tasks advancing litigation, pay associated disbursements directly--No reason to preclude travel expenses, if reasonable, necessary to advance litigation, as would not have been incurred but for litigation--Total of $110 allowed for parking, transportation--Applicant's bill of costs, presented at $490.53, assessed, allowed at $344.79--Federal Court Rules, 1978, SOR/98-106, Tariff A, B.