Lacombe,
J.:—This
is
an
application
made
by
the
applicant
under
Rule
346(2)
for
review
of
the
taxation
of
the
respondent's
bill
of
costs
in
this
Court,
as
a
result
of
the
dismissal
with
costs
of
the
applicant's
appeal
on
the
merits
of
this
case
on
March
7,
1986.
In
his
taxation
certificate
dated
January
19,
1987,
the
taxing
officer
classified
the
appeal
as
a
Class
IT
proceeding
within
the
meaning
of
Tariff
A
of
the
Rules
of
the
Federal
Court
of
Canada.
For
the
reasons
released
to-day
in
the
companion
case
in
appeal
No,
A-212-87,
dealing
in
part
with
the
classification
of
the
same
proceeding
in
the
Trial
Division,
the
respondent's
bill
of
costs
in
this
Court
should,
likewise,
have
been
taxed
on
the
basis
of
its
being
a
Class
II
proceeding
under
the
Tariff.
The
applicant's
application
should
be
granted
with
costs,
the
certificate
of
taxation
dated
January
19,1987
should
be
set
aside
and
the
matter
should
be
referred
back
to
the
taxing
officer
for
retaxation
on
the
basis
that
all
the
steps
in
the
proceedings
in
this
Court
are
Class
II
steps.
Application
granted.
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