Federal Court of Appeal Decisions

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Decision Content

                                                                                                                                Date:    20000505

                                                         Docket: ITA-10077-98

Between:

                                     IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT

                                                                                                                              Judgment creditor

                                                                          AND

                                                            THÉRÈSE ANGERS

                                                                                                                                Judgment debtor

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                                      CERTIFICATE OF ASSESSMENT OF COSTS

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I hereby certify that the costs of the judgment creditor in this case have been assessed

and allowed in the amount of $1,275.92.

               Michelle Lamy              

MICHELLE LAMY

       ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

May 5, 2000

Certified true translation

Martine Brunet, LL.B.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000505

Docket: ITA-10077-98

BETWEEN:

In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments by the Minister of National Revenue pursuant to one or more of the following Acts:

the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act

Judgment creditor

AND

THÉRÈSE ANGERS

Judgment debtor

                                                                                 

CERTIFICATE OF ASSESSMENT OF COSTS

                                                                                 


                                                                                                                                 Date: 20000505

                                                                     Docket: ITA-10077-98

BETWEEN:

                                     IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT

                                                                                                                              Judgment creditor

                                                                          AND

                                                            THÉRÈSE ANGERS

                                                                                                                              Judgement debtor

                                            ASSESSMENT OF COSTS - REASONS

MICHELLE LAMY, ASSESSMENT OFFICER

[1]         On February 23, 2000, the judgment creditor filed two bills of costs pursuant to the orders made in this case on March 18 and May 26, 1999. Since the judgment creditor requested that its bills be assessed without personal appearance by the parties, we sent a letter to counsel for the opposing party on March 10, 2000, indicating to him that he should make his written submissions by March 29, 2000. To date, no representation has been received from the opposing party.


[2]         In its decision of March 18, 1999, the Court set the amount of the fees at $100.00 and ordered that the disbursements, which amount to $525.92 and had been incurred by the Crown, be paid by the opposing party. Since the claims in the judgment creditor's bill for that order are reasonable, the bill is assessed as requested.

[3]         Pursuant to the order made on May 26, 1999, dismissing the motion to oppose, the costs of the judgment creditor are allowed as follows: $55.00 for item 6 (column III, 1 unit x 5.5 hours), $100.00 for item 25. The claim under item 13 is refused. That item applies to the preparation of a trial, not of a motion as is the case here.

[4]         The costs of the judgment creditor are assessed and allowed in the amount of $1,275.92, namely $625.92 pursuant to the order of March 18, 1999, and $650.00 pursuant to the order of May 26, 1999.

[5]         A certificate is issued in the amount of $1,275.92.

                                                                                                                  Michelle Lamy        

                                                                                                        MICHELLE LAMY

                                                                                                   ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

May 5, 2000

Certified true translation

Martine Brunet, LL.B.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000505

Docket: ITA-10077-98

BETWEEN:

In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments by the Minister of National Revenue pursuant to one or more of the following Acts:

the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act

Judgment creditor

THÉRÈSE ANGERS

Judgment debtor

                                                                                 

ASSESSMENT OF COSTS - REASONS

                                                                                 


FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:     ITA-10077-98

BETWEEN:

IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT

                                                                                                                            Judgement creditor

                                                                          AND

                                                            THÉRÈSE ANGERS

                                                                                                                                Judgment debtor

ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE

REASONS OF M. LAMY, ASSESSMENT OFFICER

PLACE OF ASSESSMENT:           Montréal, Quebec

DATE OF REASONS :                   May 5, 2000

SOLICITORS OF RECORD:

Justice Canada                                                                          for the judgment creditor

Montréal, Quebec

Jean Lassonde                                                                           for the judgment debtor

Victoriaville, Quebec

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