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Date: 19990504

Docket: A-666-94

     (On Appeal from the Tax Court of Canada)

BETWEEN:

     MARGARET JEAN CLARK

     APPELLANT

                                             (Appellant)

     - and -

     HER MAJESTY THE QUEEN

     RESPONDENT

                                             (Respondent)


ASSESSMENT OF COSTS - REASONS

G.M. Smith,

Assessment Officer

[1]      This appeal was dismissed with costs on May 7, 1997. The Respondent filed her Bill of Costs seeking $1,800.00 in counsel fees and $245.45 for disbursements.

[2]      The Respondent requested an assessment on the basis of written representations, without the personal appearance of the parties. Following attempts by the Respondent to serve the Appellant and her legal counsel, service of the Bill of Costs was effected pursuant to Rule 140(3) by depositing the Respondent's documents in the Registry.

[3]      Instructions were given on March 16, 1999 that the Appeallant would have until April 16, 1999 to file her written representations in reply to the Respondent's Bill. The Appellant was then given until April 30, 1999 to file representations in reply, if she chose to do so. In the eventuality, however, no representations of any kind were received from the Appellant.

[4]      Having reviewed the Respondent's Bill of Costs, I have assessed it in the total amount claimed. A Certificate of Assessment in that amount of $2,045.45 will issue accordingly.

                                 Sgd. (Gregory M. Smith)

    

                                     Gregory M. Smith

                                     Assessment Officer

Ottawa, Ontario

May 4, 1999

     FEDERAL COURT OF CANADA

     APPEAL DIVISION

     NAMES OF SOLICITORS AND SOLICITORS OF RECORD

     Docket: A-666-94

     (On Appeal from the Tax Court of Canada)

     MARGARET JEAN CLARK

                                         APPELLANT

                                         (Appellant)

     - and -

     HER MAJESTY THE QUEEN                                                              RESPONDENT

                                         (Respondent)

ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES

- REASONS BY G.M. SMITH, ASSESSMENT OFFICER

DATE OF REASONS:      May 4, 1999

APPEARANCES:

No one appearing      for the Appellant

Robert McMechan      for the Respondent

SOLICITORS OF RECORD:

Mr. Bruce Clark

Robinsonville, New Brunswick      for the Appeallant

Morris A. Rosenberg

Deputy Attorney General

of Canada

Ottawa, Ontario      for the Respondent

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