Citation: 2009TCC365
Date: 20090715
Docket: 2001-3545(IT)G
BETWEEN:
FAIDY FOUAD NAGUIB,
Appellant,
and
HER MAJESTY THE QUEEN,
Respondent.
REASONS FOR TAXATION
Barbara Tanasychuk, T.O., T.C.C.
[1] This taxation came on for hearing by way of a
telephone conference call on July 8, 2009. It follows a Judgment of the Honourable
Justice Eric A. Bowie of this Court dated February 10, 2003, in which the
appeals were dismissed, with costs. The Appellant did not participate in this hearing.
Mr. Thang Trieu represented the Respondent.
[2] The Respondent’s Amended Bill of
Costs was initially filed on July 9, 2007, a copy of which was forwarded to Mr.
Naguib on July 23, 2007. The Affidavit of Elizabeth O’Callahan filed on July 9,
2007, indicates that the Respondent had been corresponding directly with Mr.
Naguib regarding the issue of costs since February 17, 2005. A review of the
file disclosed that Mr. Naguib was contacted by Registry staff on three
occasions, with a view to scheduling a mutually convenient date for the hearing
of the taxation of costs. Each time Mr. Naguib was contacted, he advised that
he was not prepared to proceed, due to ill health. A Notice of Appointment for
Taxation was ultimately issued on June 1, 2009. At the appointed time, Mr.
Naguib was contacted by telephone. Mr. Naguib stated that he was ill and required
more time to review the Bill of Costs. His request for an adjournment was
denied. Mr. Naguib stated that he would not participate in the hearing and terminated
the telephone call. As a result, this matter proceeded, without Mr. Naguib’s
participation.
[4] On June 2, 2009, the Respondent
filed a Further Amended Bill of Costs. At this hearing, Mr. Trieu withdrew the
Further Amended Bill of Costs and confirmed that he was seeking to tax the Bill
of Costs filed on July 9, 2007, as follows:
1.(1) Services of
Counsel:
1(1)(a) For all services in a proceeding
prior to an Examination $525.00
for Discovery
1(1)(b) For a discovery of
documents or inspection of property $150.00
1(1)(c) For Examination for Discovery
held September 25, 2002 $525.00
(at $525.00 per day)
1(1)(g) For preparation for hearing
$625.00
1(1)(h) For conduct of the hearing
for each day or part thereof $3,000.00
(at $1,500.00 per day –
Monday February 3 and Tuesday
February 4, 2003)
1(1)(i) For all services after
judgment $300.00
TOTAL FEES:
$5,125.00
1.(2) Disbursements
Discovery Transcripts paid to
Network Court Reporting $618.03
Witness Fees – James
Atkinson travel expenses $1,003.41
Photocopying:
$456.36
TOTAL DISBURSEMENTS:
$2,077.80
TOTAL FEES AND DISBURSEMENTS:
$7,202.80
1(1)(c) For taxation of costs
$525.00
Total Fees and
Disbursements: (including taxation of costs $ 7,727.80
if necessary)
[5] The amounts claimed for counsel fees are proper and
in accordance with Tariff B of the Tax Court of Canada Rules (General
Procedure). I will accordingly allow the full amount claimed for counsel fees
of $5,650.00.
[6] The amounts claimed for disbursements were well
documented. Receipts for the disbursements claimed were attached as Exhibits to
the Affidavit of Elizabeth O’Callahan. I am satisfied that the disbursements
were essential for the conduct of the proceeding and I will accordingly allow
the amount of $2,077.80 for disbursements.
[7] The bill of costs is taxed and $7,727.80 is
allowed. A Certificate in that amount will be issued.
Signed at Toronto, Ontario,
this 15th day of July 2009.
“B.G. Tanasychuk”
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