“ By letter to counsel for the Respondent, dated the 3rd of November, 2000, counsel for the Applicant took the position that this assessment ought not to proceed until all appeals have been exhausted. Counsel sets out her position as follows:
It is our position that costs should not be assessed until all appeals are exhausted in these cases.
The application for leave to appeal to the Supreme Court of Canada in A-253-99 should be coming down shortly. If it is dismissed with costs, then the assessment can deal with all matters in one, final decision. ”

“ It is submitted that the very short memo of law of the appellant and the few cases relied upon indicate that this judicial review raised a very narrow and straightforward issue of law, based upon the interpretation to be given to the words "sensitive to human rights." ”

“ Counsel Fee to First Counsel
[17] Respondent claims four (4) hours at two (2) units per hour for a total of eight (8) units under this tariff item.
[18] Neither side put forward submissions regarding this item. Having had the opportunity of reviewing the Court file on this proceeding, as I am entitled to do (Grant v. Ministry of Indian & Northern Affairs) [1991] 1 F.C. D.45, I noted that the hearing on the 16th of December 1999 did in fact take four (4) hours. Consequently, I will allow this item as claimed.
Item 26: Assessment of Costs
[19] Respondent seeks two units under this item. ”