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                                                                Date: 19990707

                                                              Docket: A-479-93

BETWEEN:

                      IN THE MATTER of the Income Tax Act

                    COMMUNICATIONS ET SERVICES (ROYAL) INC.

                                                                     Appellant

                                    - and -

                             HER MAJESTY THE QUEEN

                                                                    Respondent

                         ASSESSMENT OF COSTS - REASONS

JOHANNE PARENT, ASSESSMENT OFFICER:

[1]    The hearing for this assessment was held before me on June 22, 1999, further to the judgment of the Court of Appeal dated March 13, 1997, awarding costs to the respondent. The assessments in dockets A-480-93 and A-479-93 were heard together. Ms. Bélanger and Mr. Houle represented the respondent and Ms. Marie-Josée Robert represented the appellant.

[2]    In her bill of costs, the respondent claimed the following amounts:

Item         Assessable Service             Column III/Units         Amount Requested

19           Memorandum of fact and law     5                        500.00

25Services after judgment                 

not otherwise specified        1                        100.00

26Assessment of costs3300.00

GST (7%) 63.00

QST (7.5%) 67.50

[3]    Pursuant to the factors set out in Rules 409 and 400(3) of the Federal Court Rules, 1998 and the evidence on the record, the amounts claimed under items 19 and 25 are allowed as claimed. The amount claimed under item 26 for the assessment of costs will not be allowed as it was previously claimed and awarded in docket A-480-93.

[4]    Counsel for the respondent withdrew the amounts claimed for the reimbursement of the goods and services tax (GST) and the Quebec sales tax (QST) during the hearing for the assessment.

[5]    Accordingly, the following amounts were awarded:

Item         Assessable Service             Column III/Units       Amount Requested

19           Memorandum of fact and law           5                        500.00

25Services after judgment                             

            not otherwise specified        1                        100.00

26Assessment of costs0     0

            GST                                                        0

            QST                                                        0

[6]    The disbursements claimed under Tariff B are allowed as claimed considering, with respect to the photocopies of the respondent's memorandum, the evidence adduced at the hearing and the fact that the opposing party did not object to this amount.

[7]    In addition, during the hearing, counsel for the respondent asked to amend her bill of costs in order to add costs related to service to the appellant of the appointment for assessment of the bill of costs in amount of $6.42. As the appellant did not object to this request, the bill of costs is therefore amended accordingly and the disbursement allowed.

[8]    Thus, the total amount allowed for disbursements in this matter is $35.34.

[9]    Accordingly, the respondent's costs are allowed in the amount of $635.34. A certificate is hereby issued for this amount.

               

                                                               (signed)

                                                                                                                             

                                                                JOHANNE PARENT        

                                                            ASSESSMENT OFFICER    

MONTRÉAL, QUEBEC

July 7, 1999

Certified true translation

M. Iveson



                   FEDERAL COURT OF CANADA

                               APPEAL DIVISION

Date: 19990707

Docket: A-479-93

Between:

IN THE MATTER of the Income Tax Act

COMMUNICATIONS ET SERVICES (ROYAL) INC.

                                                                                Appellant

- and -

HER MAJESTY THE QUEEN

                                                                            Respondent

                                                                                                                                             

              ASSESSMENT OF COSTS - REASONS

                                                                                                                                           




                                                 FEDERAL COURT OF CANADA

                                                             APPEAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:    A-479-93

STYLE OF CAUSE:              

                        IN THE MATTER of the Income Tax Act

                        COMMUNICATIONS ET SERVICES (ROYAL) INC.

                                                                                                                                            Appellant

                        - and -

                        HER MAJESTY THE QUEEN

                                                                                                                                        Respondent

PLACE OF ASSESSMENT:Montréal, Quebec

ASSESSMENT OF COSTS - REASONS OF J. PARENT, ASSESSMENT OFFICER

DATE OF REASONS:                        July 7, 1999

APPEARANCES:                                                      

Marie-Josée Robertfor the appellant

Marie Bélanger /

Yanick Houlefor the respondent

SOLICITORS OF RECORD:

BROUILLETTE, CHARPENTIER, FOURNIER

Montréal, Quebecfor the appellant

Department of Justice Canadafor the respondent

Montréal, Quebec

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