Date: 20031016
Docket: T-560-02
Citation: 2003 FC 1205
Between:
THE MINISTER OF NATIONAL REVENUE
Applicant
and
PIERRE AUDET, NOTARY
Respondent
and
BENOÎT LANGLOIS
Intervener
ASSESSMENT OF COSTS - REASONS
SUZANNE DAVID, ASSESSMENT OFFICER
[1] Following the filing of the originating motion seeking an order directing the respondent to provide information and/or documents pursuant to section 231.7 of the Income Tax Act, a motion for leave to intervene was filed by Benoît Langlois on May 29, 2002.
[2] The motion for leave to intervene was allowed by the Court in part on June 5, 2002, "costs in the cause". On June 17 following the originating motion was also allowed by the Court, which awarded the applicant his costs against the intervener and specified that there would not be any costs against the respondent.
[3] At the applicant's request the assessment proceeded without a personal appearance by the parties and no written submission was filed by the intervener in opposition to the applicant's bill of costs.
[4] The applicant claimed the sum of $50 for court fees under Item 1(1)(d) and a total of $1,980 under column III of Tariff B, broken down as follows:
- for counsel's fees for the two motions:
- item 5: 5 units x 2 motions;
- item 6: 2 units x 1 hour for one motion and 2 units x 0.5 hour for the other motion;
- for services rendered:
- item 25: 1 unit; and
- item 26: 4 units.
[5] The court costs and the number of units claimed are awarded, except as to item 26 for assessment of costs, under which 2 units are awarded instead of 4 as there was no objection. Disbursements are also awarded as they were considered to be reasonable.
[6] The applicant's costs are therefore assessed and allowed in the amount of $2,170.05. An assessment certificate will be issued in that amount.
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"Suzanne David"
Assessment Officer |
MONTRÉAL, QUEBEC
October 16, 2003
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT
SOLICITORS OF RECORD
COURT DOCKET No.: T-560-02
Between: THE MINISTER OF NATIONAL REVENUE
Applicant
and
PIERRE AUDET, NOTARY
Respondent
and
BENOÎT LANGLOIS
Intervener
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS BY: SUZANNE DAVID, ASSESSMENT OFFICER
DATE OF REASONS: October 16, 2003
SOLICITORS OF RECORD:
Morris Rosenberg for the applicant
Deputy Attorney General of Canada
Ottawa, Ontario
Ravinsky, Ryan for the intervener
Montréal, Quebec