Tax Court of Canada Judgments

Decision Information

Decision Content

 

 

 

 

Dockets: 2000-4265(IT)G

2000-5104(IT)G

BETWEEN:

HIKMAT ALSAYEGH,

FIRIAL ALSAYEGH,

Appellants,

and

 

HER MAJESTY THE QUEEN,

Respondent.

 

CERTIFICATE OF COSTS

I CERTIFY that I have taxed the party and party costs of the Respondent in this proceeding under the authority of subsection 153(1) of the Tax Court of Canada Rules (General Procedure) and I ALLOW THE SUM OF $11,495.47.

 

Signed at Toronto, Ontario, this 18th day of June 2009.

 

 

“B.G. Tanasychuk”

Taxing Officer


 

 

 

 

Citation: 2009TCC332

Date: 20090618

Dockets: 2000-4265(IT)G

2000-5104(IT)G

BETWEEN:

HIKMAT ALSAYEGH,

FIRIAL ALSAYEGH,

Appellants,

and

 

HER MAJESTY THE QUEEN,

Respondent.

 

REASONS FOR TAXATION

 

Barbara Tanasychuk, T.O., T.C.C.

 

[1]     This taxation came on for hearing by way of a telephone conference call on Thursday, June 4, 2009.  It follows a Judgment of the Honourable Justice Cameron Hugh McArthur of this Court dated August 19, 2005. As a result of the limited success of the Appellants, one set of costs was awarded to the Respondent. Mr. Hikmat Alsayegh represented the Appellants and Mr. Bruce Senkpiel represented the Respondent.

 

[2]     The Further Amended Bill of Costs submitted by the Respondent is as follows:

 

1.(1)     Services of Counsel:

 

1(1)(a) For all services in a proceeding prior to examination               $525.00

for discovery   

 

1(1)(b) For a discovery of documents                                                $150.00

 

1(1)(c) For an examination for discovery on October 18 and              $1,050.00

            19, 2004 (2 at $525.00 per day or part day)

 

1(1)(c) For a taxation of costs                                                           $525.00       

 

1(1)(d) For a pre-hearing conference March 19, 2003 and April                    $700.00           

            27, 2005 (2 at $350.00 per day or part day)

 

1(1)(e) For a status hearing May 2, 2002 (1 at $125.00 per day                    $125.00

            or part day)

 

1(1)(g) For preparation for hearing                                                                $625.00

 

1(1)(h) For conduct of the hearing May 30 and May 31, 2005,       $3,000.00          

for each day or part day (2 at $1,500.00 per day or

            part day)

 

1(1)(i)  For all services after judgment                                                $300.00

 

            TOTAL FEES:                                                                             $7,000.00

 

1.(2)     Disbursements

 

            Discovery Transcripts                                                       $1,377.00

 

            Court Reporter fee                                                                          $500.00

 

            Courier                                                                                $229.81

 

            Photocopying                                                                               $2,314.35

 

            Service (Dye & Durham)                                                                 $245.00

 

            TOTAL DISBURSEMENTS:                                                  $4,666.18

 

            TOTAL FEES AND DISBURSEMENTS:                            $11,666.16

 

[3]     All of the items claimed on the Respondent’s Bill of Costs were in dispute. As a result, Mr. Senkpiel reviewed and provided an explanation for each item claimed.

 

[4]     Prior to hearing Mr. Alsayegh’s submissions, a discrepancy in the amount claimed for photocopying was identified, in that an invoice in the amount of $170.69 from St. Joseph Print Group Inc. had been claimed twice. Mr. Senkpiel withdrew the sum of $170.69 from the amount claimed for photocopies which reduced the claim for photocopies to $2,143.66.

 

[5]     Mr. Alsayegh challenged the amounts claimed for services of counsel and disbursements. He argued that the amounts claimed were "inflated" and that he should not have to pay.

 

[6]     I do not agree with Mr. Alsayegh. The amounts claimed for counsel fees are proper and in accordance with Tariff B of the Tax Court of Canada Rules (General Procedure). I will accordingly allow the full amount claimed for counsel fees of $7,000.00.

 

[7]     The amounts claimed for disbursements were well documented. Two Affidavits of Documents, with copies of invoices attached as exhibits, were filed for use at this hearing. I will accordingly allow the amount of $4,495.00 for disbursements.

 

[8]     The bill of costs in the amount of $11,666.16 is taxed and $11,495.47 is allowed.  A certificate in that amount will be issued.

 

 

Signed at Toronto, Ontario, this 18th day of June 2009.

 

“B.G. Tanasychuk”

Taxing Officer

 

 

 

 

 

 

 

 

 

 

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