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                                                                                                                                  Date: 19990831

                                                                                                                              Dossier: A-328-96

                                              IN THE MATTER of the Income Tax Act

BETWEEN:

                                                    LÉOPOLD ROGER BERTRAND

                                                                                                                                              Appellant

                                                                          AND

                                                      HER MAJESTY THE QUEEN

                                                                                                                                          Respondent

                                            ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER:

[1]         This appeal was dismissed with costs on November 30, 1998.

[2]         The respondent filed her bill of costs on July 26, 1999 and requested an assessment without personal appearance of the parties. The appellant was accordingly notified that he was required to file written representations by August 20. As of today's date, no representations have been received from the appellant.

[3]         In light of the above and the factors listed in Rule 400(3) of the Federal Court Rules, counsel fees in the amount of $1,100 are allowed for services rendered under items 19 (5 units), 22(a) (2 units x 1.5 hours), 25 (1 unit) and 26 (2 units) of Tariff B, Column III, as well as costs of $547.79 for costs of service and photocopies. The number of units for the assessment is reduced to 2 units as this proceeding was uncontested and was relatively simple to prepare.

[4]         The respondent's costs for the instant matter are assessed and allowed in the amount of $1,647.79 and a certificate is hereby issued for this amount.

                                                                                                                                                (signed)                    

                                                                                                                             MICHELLE LAMY       

                                                                                                                  ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

August 31, 1999

Certified true translation

M. Iveson


                   FEDERAL COURT OF CANADA

                               APPEAL DIVISION

Date: 19990831

Docket: A-328-96

IN THE MATTER of the Income Tax Act

Between:

                      LÉOPOLD ROGER BERTRAND

                                               

                                                                                  Appellant

                                            AND

                        HER MAJESTY THE QUEEN

                                                                              Respondent

              ASSESSMENT OF COSTS - REASONS


                                                 FEDERAL COURT OF CANADA

                                                             APPEAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:    A-328-96

STYLE OF CAUSE:              

                                              IN THE MATTER of the Income Tax Act

BETWEEN:

                                                    LÉOPOLD ROGER BERTRAND

                                                                                                                                              Appellant

                                                                          AND

                                                      HER MAJESTY THE QUEEN

                                                                                                                                          Respondent

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:Montréal, Quebec

REASONS OF M. LAMY, ASSESSMENT OFFICER

DATE OF REASONS:                        August 31, 1999

SOLICITORS OF RECORD:

Serge Fournierfor the appellant

BROUILLETTE, CHARPENTIER, FOURNIER

Montréal, Quebec

Marie-Andrée Legaultfor the respondent

DEPARTMENT OF JUSTICE CANADA

Montréal, Quebec

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