Docket
27721
Her Majesty the Queen in Right of the Province of British Columbia v. Leanne Rumley, et al.
(British Columbia) (Civil) (By Leave)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-01-16 | Appeal closed | |
| 2004-01-16 | Appeal closed | |
| 2004-01-15 | Certificate of taxation issued to, Gowlings | |
| 2004-01-07 | Decision on the bill of costs, taxed and allowed at the amount of $14,213.56, Reg, In its reasons for judgment delivered on October 18, 2001, the Court granted costs throughout to the respondents. The Bill of Costs filed by the respondents on April 4, 2003 was objected to by the appellant. A response and a reply were filed. Having reviewed the material filed by the respondents and having considered the arguments put forward by both parties, I conclude as follows. The objection focuses on the disbursements and the quantum allowable under Part II of the Tariff of Fees and Disbursements. The issue is whether, given the particular situation of the respondents as "profoundly deaf persons," some of the costs of the litigation related to their particular needs qualify under "reasonable amounts . . . necessarily incurred in proceedings before the Court, including travel expenses" (Tariff of Fees and Disbursements, Part II, s. 3). The costs granted by the Court are party and party costs. Therefore, the Registrar must tax them within the parameters of the Tariff, which does not cover all the expenditures incurred by a party in the conduct of the case. For instance, travel expenses have always been limited to the travel of counsel to the Supreme Court of Canada to argue the case. Expenses related to preparatory work cannot be included in party and party costs. The Supreme Court provided qualified ASL interpreters at the hearing, which removed the need for the parties to provide their own. Therefore the costs related to the preparatory meetings, the travel of Leanne Rumley and of the interpreters and the interpreters' fees are disallowed. The expenses related to the TTD & Supplies are allowed in view of the special needs of the respondents. The costs relating to photocopies, faxes, long distance, courier fees and postage are allowed as per the attached. I have reduced them to meet the reasonableness criteria and the obligation of the parties to mitigate their costs. Applying the above mentioned principles, the disbursements filed by Acheson & Company are taxed as per the attached. The Bill of Costs is taxed accordingly. Dated at Ottawa this 7 th day of January 2004. Allowed in part, no order as to costs |
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| 2003-09-22 | Submission of the bill of costs, Reg | |
| 2003-06-30 | Reply to the bill of costs, (Letter Form), from P. Guy dated June 26, 2003, Completed on: 2003-06-30 | Leanne Rumley |
| 2003-04-30 | Response to the bill of costs, (Letter Form), from R. Houston dated April 30, 2003, Completed on: 2003-04-30 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2003-04-24 | Correspondence received from, P. Guy dated April 23, 2003 re: bill of costs | Leanne Rumley |
| 2003-04-24 | Bill of costs, (also enclosing an affidavit of Anne Sheane - book form), Completed on: 2004-01-15 | Leanne Rumley |
| 2002-06-14 | Formal judgment sent to the registrar of the court of appeal and all parties, ON REHEARING | |
| 2002-04-29 | Copy of formal judgment being prepared | |
| 2002-04-09 | Notice of deposit of judgment on motion for a re-hearing of the appeal | |
| 2002-04-03 | Decision on the motion for a re-hearing of the appeal, CJ G Ia Ma Ba Bi Arb, The application for a rehearing is dismissed with costs. Dismissed, with costs |
|
| 2002-01-21 | All material on motion for a re-hearing of the appeal submitted to Justices, CJ G Ia Ma Ba Bi Arb | |
| 2001-12-20 | Response to the motion for a re-hearing of the appeal, (sent to the panel on Jan. 21, 2002), Completed on: 2001-12-20 | Leanne Rumley |
| 2001-12-13 | Motion for a re-hearing of the appeal, 12 copies - book form (sent to the panel on Jan. 21, 2002), Completed on: 2001-12-13 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-12-04 | Order on motion to vary pronouncement / order, (by the Court) | |
| 2001-12-04 | Decision on motion to vary pronouncement / order, LeB, The appellant is directed to make a motion pursuant to Rule 51. Referred, no order as to costs |
|
| 2001-12-04 | Submission of motion to vary pronouncement / order, LeB | |
| 2001-11-28 | Reply to motion to vary pronouncement / order, 5 copies, Completed on: 2001-11-28 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-11-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-11-21 | Response to motion to vary pronouncement / order, 4 copies, Completed on: 2001-11-21 | John Pratt, Sharon Rumley, J.S. and M.M. |
| 2001-11-16 | Motion to vary pronouncement / order, re: costs, Completed on: 2001-11-16 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-11-13 | Copy of formal judgment being prepared | |
| 2001-10-19 | Notice of deposit of judgment sent to all parties | |
| 2001-10-18 | Written reasons rendered after oral judgment, CJ G Ia Ma Ba Bi Arb, The appeal is dismissed. The respondents shall have costs throughout. Dismissed, costs in this Court and courts below |
|
| 2001-07-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-06-26 | Transcript received, and distributed to the justices (60 pages) | |
| 2001-06-21 | Copy of formal judgment being prepared | |
| 2001-06-15 | Notice of deposit of judgment sent to all parties | |
| 2001-06-13 | Judgment reserved OR rendered with reasons to follow | |
| 2001-06-13 | Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb, The Chief Justice (orally): The appeal is dismissed and the order of the Court of Appeal of British Columbia is affirmed. (Decision on costs rendered Oct. 18, 2001). Dismissed, no order as to costs |
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| 2001-06-13 | Acknowledgement and consent for video taping of proceedings | |
| 2001-06-13 | Hearing of the appeal, 2001-06-13, (V061), CJ G Ia Ma Ba Bi Arb Judgment rendered |
|
| 2001-06-08 | Supplemental document, Book of Authorities | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-06-01 | Notice of hearing | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-05-18 | Respondent's book of authorities, (supplemental), Completed on: 2001-05-18 | Leanne Rumley |
| 2001-05-14 | Correspondence received from, A. Sheane dated May 8, 2001 (received by fax on May 8, 2001 - original filed May 14) re: requesting ASL interpreters for deaf individuals at the hearing | Leanne Rumley |
| 2001-04-26 | Respondent's book of authorities, Vol. I & II, Completed on: 2001-04-26 | Leanne Rumley |
| 2001-04-26 | Respondent's record, Completed on: 2001-04-26 | Leanne Rumley |
| 2001-04-26 | Respondent's factum, Completed on: 2001-04-26 | Leanne Rumley |
| 2001-03-16 | Appeal hearing scheduled, 2001-06-13 Judgment rendered |
|
| 2001-03-16 | Appeal perfected for hearing, Session beginning on 2001-04-17 | |
| 2001-03-15 | Order on miscellaneous motion | |
| 2001-03-08 | Decision on miscellaneous motion, Reg, for permission to serve and file the appellant's record in its current form, without marginal numbering. Granted, no order as to costs |
|
| 2001-03-08 | Submission of miscellaneous motion, Reg | |
| 2001-02-27 | Notice of miscellaneous motion, to file the Appellant's Record without marginal line numbering, Completed on: 2001-02-27 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-26 | Appellant's book of authorities, Vol. I to V, Completed on: 2001-02-26 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-26 | Appellant's factum, Completed on: 2001-02-26 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-23 | Appellant's record, Vol. I to III (no marginal line numbering), Completed on: 2001-02-23 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-09 | Correspondence received from, Burke-Robertson dated Feb. 9, 2001 (fax copy) re: there is no publication ban in effect | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-08 | Correspondence received, G. Rempe, counsel for the City of Toronto in 27699, dated Feb. 8, 2001 (fax copy) re: appeal in 27699 | |
| 2001-02-08 | Correspondence received from, J.M. Sullivan dated Feb. 7/01 re: calculation for filing the Appellant's Factum, Record and Authorities (by fax) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2001-02-07 | Correspondence received from, P.G. Guy dated Feb. 7/01re: in response to D.C. Prowse's letter dated Feb. 6/01(by fax) | Leanne Rumley |
| 2001-02-06 | Correspondence received from, D. Clifton Prowse dated Feb. 6/01 re: appeal to be heard with Hollick (27699) (by fax) | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-11-16 | Letter acknowledging receipt of notice of appeal | |
| 2000-10-31 | Order granting leave to appeal | |
| 2000-10-24 | Notice of deposit for security | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-10-24 | Notice of appeal, Completed on: 2000-10-24 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-09-29 | Notice of deposit of judgment issued to all parties | |
| 2000-09-28 | Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 2000-07-10 | All materials on application for leave submitted to the Judges, G Bi Arb | |
| 2000-05-05 | Notice of change of solicitor, to Acheson & Company (service requested) | Leanne Rumley |
| 2000-03-01 | Applicant's reply to respondent's argument, Completed on: 2000-03-01 | Her Majesty the Queen in Right of the Province of British Columbia |
| 2000-02-24 | Respondent's response on the application for leave to appeal, Completed on: 2000-02-24 | Leanne Rumley |
| 2000-01-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2000-01-25 | Application for leave to appeal, (C.A. Order missing - filed March 29/00), Completed on: 2000-03-29 | Her Majesty the Queen in Right of the Province of British Columbia |
- Date modified: