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     Date: 20000724

     Docket: A-365-93


BETWEEN:

     DACONART INVESTMENTS LTD.

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     Respondent


     TAXATION COSTS -- REASONS


FRANÇOIS PILON TAXING OFFICER


[1]      Counsel for the respondent, Nathalie Labbé, on June 9, 2000 filed a bill of costs pursuant to a judgment of the Court on February 25, 1997 and asked that it be taxed without a personal appearance by the parties. At that time it was indicated to counsel for the appellant, Serge Fournier, in a letter dated June 23, 2000, that he should make his written submissions by July 14, 2000. No reply to this letter had been received from the latter on that date.

[2]      In view of the foregoing, and the criteria set out in s. 400(3) of the Federal Court Rules, fees in the amount of $1,250 are awarded for the services rendered under items 19 (5 units), 22 (3 units), 25 (1 unit) and 26 (2 units) of Tariff B, column III. I should point out that the number of units was reduced from seven to five for item 19 and that two units were added to item 26 since there was an omission to indicate a number of units beside the item for assessment of costs.

[3]      Disbursements in the amount of $239.75 for service and photocopies are awarded as submitted.

[4]      Her Majesty the Queen's costs are taxed and allowed in the amount of $1,489.75. A certificate is issued for that amount.

     Halifax, Nova Scotia, July 24, 2000.



     François Pilon

     Taxing Officer

Certified true translation




Suzanne M. Gauthier, LL.L. Trad. a.

     FEDERAL COURT OF APPEAL


     NAMES OF COUNSEL AND SOLICITORS OF RECORD


COURT FILE No.:      A-365-93

BETWEEN:      DACONART INVESTMENTS LTD.

     Appellant

     - and -

     HER MAJESTY THE QUEEN

     Respondent


TAXATION OF COSTS WITHOUT PERSONAL APPEARANCE


REASONS BY:      F. PILON, TAXING OFFICER
PLACE OF TAXATION:      Halifax, Nova Scotia
DATE OF REASONS:      July 24, 2000

SOLICITORS OF RECORD:

Morris Rosenberg      for the appellant

Deputy Attorney General of Canada

Montréal, Quebec

Brouillette, Charpentier, Fournier      for the respondent

Montréal, Quebec

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