Date: 19981217
Docket: ITA-6176-97
In re the Income Tax Act
and
| In re one or more assessments made by the Minister of National Revenue pursuant to one or more of the following statutes: the Income Tax Act, the Canada Pension Plan and the Unemployment Insurance Act, |
Between:
DANIELLE GLODE
50 chemin du Moulin
Lac Beauport, Quebec
G0A 2C0
Judgment debtor
TAXATION OF COSTS - REASONS
MARC D. REINHARDT, taxing officer
(1) On May 27, 1998 Nadon J. ordered the judgment debtor to compensate the judgment creditor for costs incurred by his counsel in connection with the hearing of the case at bar, including the latter's travel costs.
(2) The parties were duly summoned to Ottawa for December 7, 1998 for taxing of the judgment creditor's bill of costs. Only the judgment creditor was represented. As I was persuaded that the summons in the case at bar had in fact been served on the judgment debtor and her counsel, I proceeded with the taxation and noted the judgment creditor's bill of costs, which reads as follows:
ITEM PROCEDURE UNIT AMOUNT
7 Disclosure of documents,
including affidavit 5 $500.00
13(a) Preparation for hearing 5 $500.00
14(1) Hearing (1998-05-27) 1 hour 3 $300.00
24 Travel by counsel for hearing 5 $500.00
26 Taxation of costs 6 $600.00
SUB-TOTAL FEES $2,400.00
1(4) Travel costs of counsel for
judgment creditor $880.20
TOTAL FEES + DISBURSEMENTS $3,280.20
(3) This bill of costs is identical to that submitted for taxation in case ITA-6175-97, Clément Glode.
(4) For the reasons explained to counsel for the judgment creditor at the hearing, I simply cannot award fees and disbursements here for services which, if I may so put it, "benefited" both cases in question and which have already been offset in the taxation of the sister case, namely ITA-6175-97. Both cases were heard by the Court together and were not the subject of separate hearings or orders. I can only provide compensation in the case at bar for separate services not related to the preparation and adjudication of the first case.
(5) The following is the breakdown of the amounts which I award for costs:
ITEM UNIT AMOUNT
7 3 $300.00
13(a) 3 $300.00
14(1) 0 $0.00
24 0 $0.00
26 0 $0.00
TOTAL FEES $600.00
(6) On disbursements, as mentioned at the hearing, I award the sum of $0.00.
(7) The judgment creditor"s bill of costs is thus taxed and allowed in the amount of $600.00. A certificate will be issued for this amount.
MARC D. REINHARDT
TAXING OFFICER
Ottawa, Ontario
December 17, 1998
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT OF CANADA DATE: 19981217 DOCKET: ITA-6176-97 In re the Income Tax Act and In re one or more assessments made by the Minister of National Revenue pursuant to one or more of the following statutes: the Income Tax Act, the Canada Pension Plan and the Unemployment Insurance Act, Between: DANIELLE GLODE 50 chemin du Moulin Lac Beauport, Quebec
Judgment debtor TAXATION OF COSTS - REASONS |
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE No: ITA-6176-97
STYLE OF CAUSE: In re the Income Tax Act
and
| In re one or more assessments made by the Minister of National Revenue pursuant to one or more of the following statutes: the Income Tax Act, the Canada Pension Plan and the Unemployment Insurance Act, |
Between:
DANIELLE GLODE
50 chemin du Moulin
Lac Beauport, Quebec
G0A 2C0
Judgment debtor
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: December 7, 1998
TAXATION - REASONS: Marc D. Reinhardt
DATE OF REASONS : December 17, 1998
APPEARANCE:
Étienne Trépanier for the judgment creditor
No one for the judgment debtor
SOLICITORS OF RECORD:
Morris Rosenberg for the judgment creditor
Deputy Attorney General of Canada
Pierre Rivard
Aubut, Chabot
900, boul. René-Lévesque est, bur. 600
C.P. 910
Québec, Quebec
G1R 2B5