Sturtevant v. Canada, 2007 FCA 387

Date: 20071206

Docket: A-407-05

Citation: 2007 FCA 387

 

                       

                       

 

 

BETWEEN:

LLOYD STURTEVANT

Appellant

and

HER MAJESTY THE QUEEN

 

Respondent

 

 

ASSESSMENT OF COSTS – REASONS

 

 

DIANE PERRIER, ASSESSMENT OFFICIER

 

[1]               This is an assessment of the bill of costs due to the respondent following a judgment dated September 14, 2006, dismissing the appeal filed from a decision of the Tax Court of Canada.

 

[2]               On January 22, 2007, counsel for the respondent filed his bill of costs and asked that it be assessed without the appearance of the parties. On June 15, 2007, letters setting a schedule were sent to the parties. To date, we have received no written submissions from the parties. I am now prepared to proceed with assessment of the bill of costs based on the documentation on the record.

 

[3]               Fees are set at $1,399.92 for services rendered under the following items: item 19 – memorandum of fact and law (5 units), item 22 – counsel fees at hearing for first counsel, for each hour (2 units x 1,833 hours), item 25 – services after judgment (1 unit) and item 26 – assessment of costs (2 units) of Tariff B. I have reduced the number of units for the assessment of costs to 2 since this was a simple and uncontested case.

 

[4]               Disbursements in the amount of $43.86 are allowed as claimed, since they were proven by the affidavit of Dany Leduc and the accompanying exhibits.

 

[5]        The bill of costs submitted for $1,683.78 is allowed in the amount of $1,443.78. A certificate of assessment will be issued in this matter.

 

 

“Diane Perrier”

QUÉBEC, QUEBEC

December 6, 2007      

 

Certified true translation

Susan Deichert, Reviser

FEDERAL COURT OF APPEAL

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-407-05

 

STYLE OF CAUSE:                                                              LLOYD STURTEVANT v.

                                                                                                HER MAJESTY THE QUEEN           

 

 

ASSESSMENT OF COSTS WITHOUT APPEARANCE OF THE PARTIES

 

 

REASONS BY:                                                                      DIANE PERRIER, ASSESSMENT OFFICER

                                                                                               

 

DATED:                                                                                 December 6, 2007

 

 

 

 

SOLICITORS OF RECORD:

 

Jodoin, Huppé Granby, Quebec	FOR THE APPELLANT
John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec	FOR THE RESPONDENT