Date:
20130419
Docket:
A-89-12
Citation: 2013 FCA 108
CORAM: NOËL
J.A.
GAUTHIER
J.A.
TRUDEL
J.A.
BETWEEN:
RANDY
OLLENBERGER
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
Dealt with in writing without
appearance of parties.
Order
delivered at Ottawa, Ontario, on April 19, 2013.
REASONS
FOR ORDER BY: NOËL
J.A.
CONCURRED
IN BY: GAUTHIER
J.A.
TRUDEL J.A.
Date:
20130419
Docket:
A-89-12
Citation: 2013 FCA 108
CORAM: NOËL
J.A.
GAUTHIER
J.A.
TRUDEL
J.A.
BETWEEN:
RANDY
OLLENBERGER
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
REASONS
FOR ORDER
NOËL J.A.
[1]
This
is a motion brought by the appellant pursuant to Rule 397 of the Federal
Courts Rules, SOR/98-106 seeking the reconsideration of the judgment issued
in the present matter insofar as it restricted the award of cost to the costs
of the appeal. The appellant properly brings to our attention the fact that the
costs of the appeal as well as costs before the Tax Court were sought.
[2]
The
motion is accordingly allowed, and the judgement is amended so as to also grant
the appellant his costs before the Tax Court.
“Marc Noël”
“I
agree.
Johanne Gauthier J.A.”
“I
agree.
Johanne Trudel J.A.”
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-89-12
STYLE OF CAUSE: RANDY
OLLENBERGER and HER MAJESTY THE QUEEN
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël
J.A.
CONCURRED IN BY: Gauthier J.A.
Trudel J.A.
DATED: April
19, 2013
WRITTEN
REPRESENTATIONS BY:
|
Patrick
Lindsay
|
FOR
THE APPELLANT
|
|
Cynthia
Isenor
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
BORDEN
LADNER GERVAIS LLP
Calgary, Alberta
|
FOR
THE APPELLANT
|
|
William
F. Pentney
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
|
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