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Date: 20030224

ITA-12574-01

Neutral citation: 2003 FCT 218

IN THE MATTER OF THE INCOME TAX ACT, R.S.C.,1985 ( 5th Supp.), c. 1

-and-

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS BY THE MINISTER OF NATIONAL REVENUE ONE OR MORE OF THE INCOME TAX ACT, CANADA PENSION PLAN, EMPLOYMENT INSURANCE ACT AGAINST:

JAMES ANDREW PICCOTT

(sometimes carrying on business as PICCOTT AUTO SALES)

33 Imogene Crescent,

Paradise, Newfoundland

A1L 1H4

                                               ASSESSMENT OF COSTS - REASONS

Willa Doyle, Assessment Officer

[1]                 This is the assessment of the Bill of Costs submitted on behalf of the respondent following an Order of the Court dated October 25, 2002 allowing costs on a party-party basis. The motion was heard on October 17, 2002 in St. John's in conjunction with a similar motion in GST-5104-01.

[2]                 On January 15, 2003 the assessment officer set the appointment for assessment of costs to be heard by telephone conference on January 27, 2003 at 9:30am (AT).

[3]                 At the hearing of the assessment the respondent was represented by Olga Mc William and the applicant by John Ashley with Greg Mac Intosh and Ingrid Abbott in attendance.


[4]                 Item # 5     Mr. Ashley stated this motion was similar to the motion on GST-5104-01 granting there were some differences but virtually the matters were the same. I allow 5 units.

[5]                 Item #13.    Ms. Mc William supported her decision to ask the highest number of units in column III stating that it involved the discovery of Mr. Hatfield; Mr. Ashley has stated that cross-examination in the rules, as he understood them, is rolled into the preparation for a motion and did not merit a claim. I also understand that to be correct. Item #13 is disallowed.

[6]                 Item #6.    Mr Ashley disagreed with the units requested remarking that item # 6 is based on hours and there were two bills of cost and it took less than two hours to hear both motions.    The tariff states appearance on a motion, per hour. Subsequent verification of the abstract of hearing substantiated that the motions were heard at the same time and that the duration in Court was 1 hour 37 minutes.    1 hour at a value of 2 units will be allowed for this item on each bill of costs. Mr. Ashley stated correctly that 2nd counsel fees cannot be claimed except where the court allows them. Item#6 for 2nd counsel is denied.

[7]                 Item # 26. Mr. Ashley remarked that the requested value of 4 units is high and that this was not a complex assessment. I agree and allow 2 units.

[8]                 Mr. Ashley does not dispute disbursements. Disbursements as presented and for the most part substantiated by receipts are allowed.


[9]                 The bill of costs is assessed and allowed in the amount of $ 990.00 for assessable services and $938.18 for disbursements.    A certificate shall be issued for the amount of $1,928.18

      

                                                                                                                                         < < Willa Doyle > >            

line

                                                                                                                                         Assessment Officer          

Fredericton, New Brunswick

February 24, 2003

   

                  

                                               FEDERAL COURT - TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                              ITA-12574-01

STYLE OF CAUSE:

IN THE MATTER OF THE INCOME TAX ACT, R.S.C.,1985 ( 5th Supp.), c. 1

-and-

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS BY THE MINISTER OF NATIONAL REVENUE ONE OR MORE OF THE INCOME TAX ACT, CANADA PENSION PLAN, EMPLOYMENT INSURANCE ACT AGAINST:

JAMES ANDREW PICCOTT

(sometimes carrying on business as PICCOTT AUTO SALES)

33 Imogene Crescent,

Paradise, Newfoundland

A1L 1H4

ASSESSMENT OF COSTS BY TELEPHONE CONFERENCE

PLACE OF ASSESSMENT: Fredericton, New Brunswick, Halifax, Nova Scotia, and

                                                                St. John's, Newfoundland and Labrador

DATE OF ASSESSMENT:                 January 27, 2003

REASONS BY:                                   Willa Doyle, Assessment Officer

DATE OF REASONS:                       February 24, 2003

APPEARANCES BY:                          John Ashley                                                           for the applicant

Olga Mc William                                               for the respondent

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General                                                                                      FOR THE APPLICANT

of Canada ( Ottawa)

  

Olga Mc William

Heywood.Kennedy.Belbin

St. John's, Newfoundland and Labrador                                                          FOR THE RESPONDENT

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