Cherqaoui (Re), 2010 FC 932

Date: 20100917

Docket: ITA-6105-08

Citation: 2010 FC 932

In the matter of the Income Tax Act,

and

In the matter of an assessment or assessments by the Minister of National Revenue

under one or more of the following acts: the Income Tax Act,

the Canada Pension Plan and the Employment Insurance Act,

AGAINST:

HASSAN MABROUKY

246 Des Colibris Street

Verdun, Quebec  H3E 1Y2

Judgment debtor

and

SALOUA CHERQAOUI

246 Des Colibris Street

Verdun, Quebec  H3E 1Y2

Adverse claimant

[ENGLISH TRANSLATION]

ASSESSMENT OF COSTS – REASONS

DIANE PERRIER, ASSESSMENT OFFICER

• [1] On February 23, 2009, the Court issued an order dismissing the motion in opposition to the seizure in execution, the whole with costs.

• [2] On August 4, 2010, counsel for the Crown filed its bill of costs and requested that it be assessed in writing. On August 10, 2010, directions were issued establishing a timetable for filing written submissions. Having not received any submissions from the parties to date, I am now ready to assess the costs based on the documentation on file.

• [3] The Crown’s assessable services are allowed in the amount of $1,699.92 for the following services: item 5 – preparation and filing of a contested motion, including materials and responses thereto, item 6 – appearance on a motion, per hour (2 units x 0:05), item 8 – preparation for an examination, including examinations for discovery, on affidavits, and in aid of execution (3 units), item 9 – attending on examinations, per hour (1 unit x 3 hours), item 25 – services after judgment not otherwise specified (1 unit) and item 26 – assessment of costs (2 units). Item 26 – assessment of costs has been allowed for only 2 units because the assessment is simple and not contested.

• [4] Disbursements in the amount of $996.74 are allowed for reporter and bailiff fees because I consider them to be reasonable and necessary to the conduct of this matter.

• [5] The Crown’s bill of costs totalling $2,936.66 is assessed and allowed in the amount of $2,696.66. A certificate of assessment will be issued for this amount.

MONTRÉAL, QUEBEC

September 17, 2010

“Diane Perrier”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:  ITA-6105-08

STYLE OF CAUSE:  INCOME TAX ACT

  v. HASSAN MABROUKY et al. 

ASSESSMENT OF COSTS IN WRITING 

PLACE OF ASSESSMENT:  Montréal, Quebec

ASSESSMENT OF COSTS – REASONS:  Diane Perrier

  Assessment Officer

DATED:  September 17, 2010

SOLICITORS OF RECORD: