Duchesnay v. Canada (Minister of National Revenue), 2002 FCA 261

Date: 20020617

Docket: A-408-01

Neutral citation: 2002 FCA 261

BETWEEN:

Anne Duchesnay

Appellant

- and -

In re the Income Tax Act

- and -

In re one or more assessments made by the

Minister of National Revenue pursuant to one or more

of the following statutes: the Income Tax Act,

the Canada Pension Plan, the Employment Insurance Act

Respondent

ASSESSMENT OF COSTS - REASONS

FRANÇOIS PILON

Assessment Officer

[1]                 On August 1, 2001, the Court dismissed with costs the appellant's motion to stay execution of the trial order and sale of the seized movables. The respondent subsequently filed its bill of costs and asked that it be assessed. However, on January 22, 2002, I decided that assessment of this bill was premature since the appeal had not yet been heard on the merits.

[2]                 On May 6, 2002, the Court dismissed the appeal for delay and counsel for Her Majesty asked that the bill of costs now be assessed without a personal appearance by the parties. Since the appellant's deadlines for filing written submissions against the bill have now expired, I will proceed with the assessment.

[3]                 Counsel for the respondent claimed for the following fees:

item 21              2 units

item 25              1 unit

item 26              3 units

[4]                 These claims are reasonable and are allowed. Finally, the bailiffs' fees are allowed in the amount of $60.46.

[5]                 The respondent's costs are assessed and allowed in the amounts of $660.00 for fees and $60.46 for disbursements. A certificate will be issued in the amount of $720.46.

                                                                                                                                            "François Pilon"          

                                                                                                                                         Assessment Officer        

Halifax, Nova Scotia

June 17, 2002

Certified true translation

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

                                                    FEDERAL COURT OF CANADA

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:                                                         A-408-01

BETWEEN:                                                                     ANNE DUCHESNAY

Appellant

- and -

In re the Income Tax Act

Respondent

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE

REASONS BY:                                                               François Pilon, Assessment Officer

PLACE OF ASSESSMENT:                                        Halifax, Nova Scotia

DATE OF REASONS:                                                  June 17, 2002

SOLICITORS OF RECORD:

Hickman, Noonan                                                             for the appellant

Sillery, Quebec

Morris Rosenberg                                                              for the respondent

Deputy Attorney General of Canada

Ottawa, Ontario