Date: 20010601
Docket: A-377-99
Neutral reference: 2001 FCA 180
Between:
JERRY LANDRY
Plaintiff
AND
THE MINISTER OF NATIONAL REVENUE
Defendant
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] On January 30, 2001 the Court of Appeal allowed this application for judicial review with costs to the plaintiff. The taxation of costs went forward on April 20, 2001 by conference call with Vicky Lapierre present for the plaintiff and Bernard Fontaine for the defendant.
[2] Bernard Fontaine argued that the plaintiff's record was not complete, which had an impact on the hearing time. The transcript of the hearing before the federal board was missing and the memorandum of fact and law contained no specific reference to the relevant passages from the said transcript. Accordingly, he asked that the number of units under items 1 and 14 (a) of Tariff B be reduced.
[3] As the plaintiff had not received the transcript and wished to meet the deadline laid down in Rule 309 of the Federal Court Rules for filing the plaintiff's record, Vicky Lapierre explained that her colleague had agreed to include the transcript in the defendant's record. Although Mr. Fontaine was faced with a fait accompli, he had no choice but to include the transcript in his record so as to facilitate the work of the Court.
[4] Ms. Lapierre mentioned that the Court made no comment on the presentation of the memorandum of fact and Law.
[5] In conclusion, I consider that the explanations provided by the plaintiff are reasonable and do not see any need to reduce his claims under items 1 and 14(a). The fees requested under item 24 are disallowed for the reasons I gave at the time of the assessment.
[6] The other fees claimed under Tariff B are not disputed. The same applies to disbursements incurred by the plaintiff in the amount of $1,879.76.
[7] The plaintiff's costs are accordingly assessed and allowed in the amount of $4,004.76. A certificate is issued for that amount.
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(signed)
MICHELLE LAMY
ASSESSMENT OFFICER
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MONTRÉAL, QUEBEC
June 1, 2001
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
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FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010601
Docket: A-377-99
BETWEEN:
JERRY LANDRY
Plaintiff
AND
THE MINISTER OF NATIONAL REVENUE
Defendant
ASSESSMENT OF COSTS - REASONS
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FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No.: A-377-99
Between:
JERRY LANDRY
Plaintiff
AND
THE MINISTER OF NATIONAL REVENUE
Defendant
ASSESSMENT OF COSTS BY CONFERENCE CALL ON APRIL 20, 2001
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: June 1, 2001
APPEARANCES: Vicky Lapierre for the plaintiff
Bernard Fontaine for the defendant
SOLICITORS OF RECORD:
Desrosiers & Associés for the plaintiff
Sept-Îles, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
Ottawa, Ontario
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