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