Tremblay v. Canada, 2003 FCA 315

Date: 20030806

Docket: A-559-00

Citation: 2003 FCA 315

Between:

GILLES TREMBLAY

Appellant

and

HER MAJESTY THE QUEEN IN RIGHT

OF CANADA

Respondent

and

REVENUE CANADA

Federal board concerned in application for judicial review

Respondent

ASSESSMENT OF COSTS - REASONS

FRANÇOIS MARTIN, ASSESSMENT OFFICER

[1]        This assessment of costs is pursuant to the judgment by Décary, Noël and Nadon JJ.A. on June 18, 2002, dismissing the appeal with costs to the respondent. Judgment:

[TRANSLATION]

As the appellant was not present at the hearing, despite the fact that the notice of hearing was served in accordance with the Rules of the Court, the appeal is dismissed with costs.

[2]        On July 11 we sent letters to the parties setting a schedule for the filing of their written submissions. The envelope forwarded to the appellant was returned to the Registry with the notation "unclaimed" on August 4, 2003. I will now proceed with the assessment of costs based on the documentation in the record, and taking the following facts into account: the deadlines mentioned in the schedule have expired, the proof of service in the record indicates that the appellant was served with the respondent's bill of costs on May 27, 2003, the appellant was not present at the hearing of June 18, 2002, and the difficulty we had contacting him.

[3]        The fees requested are awarded, except for items 26 and 27. Item 26 is reduced to 2 units as there was no opposition. On item 27, this cannot be awarded since there is no provision in Tariff B for the preparation of the notice of appearance.

[4]        In my opinion, the disbursements are reasonable and supported by the affidavit of Pierre Lamothe. Disbursements are accordingly awarded in the amount of $155.22.

[5]        The bill of costs is accordingly assessed and allowed in the amount of $1,218.56.

MONTRÉAL, QUEBEC

August 6, 2003

Certified true translation

Suzanne M. Gauthier, C. Tr., LL.L.

                                                    FEDERAL COURT OF APPEAL

                                                          SOLICITORS OF RECORD

COURT FILE No.:                                                         A-559-00

Between:                                                                          GILLES TREMBLAY

Appellant

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA

Respondent

and

REVENUE CANADA

Federal board concerned in application for judicial review

Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

PLACE OF ASSESSMENT:                                        Montréal, Quebec

REASONS BY: FRANÇOIS MARTIN, ASSESSMENT OFFICER

DATE OF REASONS:                                                  August 6, 2003

SOLICITORS OF RECORD:

Morris Rosenberg                                                              for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario