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Date: 2000053


Docket: A-740-96



BETWEEN:

     MANUEL CANALES

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     Respondent


     ASSESSMENT OF COSTS - REASONS

François Pilon

Assessment Officer


[1]      This appeal was dismissed with costs on November 29, 1999. The Respondent filed a bill of costs on April 13, 2000 claiming $1,625.20 for fees and disbursements. The assessment took place on May 2, 2000 via telephone conference with Ms. Caitlin Ward on behalf of the Respondent and Mr. David Grant for the Appellant.

[2]      Only two items were discussed at the assessment. Item 21 for counsel fees on the Appellant's interlocutory motion to include the transcript of the Tax Court is not allowed because the Order of the Court dated January 6, 1997 was silent as to costs.

[3]      Counsel fees on the hearing of the appeal (item 22) will be reduced from $400.00 to $283.20. I apologize to counsel for having erroneously indicated at the time that this item might be slightly larger than requested. In fact Tariff B allows a number of units per hour in Court. The court record shows the actual hearing to have lasted one hour and twenty-five minutes at the two unit level. This translates into $200.00 for the first hour and $83.20 for the remaining twenty-five minutes. Finally the disbursements are allows as asked.

[4]      The costs of the Respondent Her Majesty the Queen are assessed and allowed in the amount of $1,083.20 for fees and $225.20 for disbursements. A Certificate of Assessment in the total amount of $1,308.40 will issue accordingly.


     "François Pilon"

                                         François Pilon

                                         Assessment Officer


     FEDERAL COURT OF APPEAL

     NAMES OF SOLICITORS AND SOLICITORS OF RECORD

     Docket: A-740-96

     MANUEL CANALES

                                     Appellant

                         - and -

     HER MAJESTY THE QUEEN

                                     Respondent




PLACE AND DATE OF ASSESSMENT:      Teleconference from Halifax, Nova Scotia

                             May 2, 2000

REASONS BY:          F. Pilon, Assessment Officer

DATE OF REASONS:      May 3, 2000


APPEARANCES:

David A. Grant          for the Appellant

Caitlin Ward              for the Respondent




SOLICITORS OF RECORD:

David A. Grant          for the Appellant

Morris A. Rosenberg

Deputy Attorney General

of Canada              for the Respondent

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