Date: 20000724
Docket: A-315-99
BETWEEN:
JEAN-ALAIN BISAILLON and HYPNAT LTÉE
and HYPNAT LTÉE, COURTIER
Appellants
- and -
HER MAJESTY THE QUEEN and MINISTER
OF NATIONAL REVENUE and CAROLE GOUIN,
in her capacity as director of the Montréal
taxation services office, Revenue Canada
Respondents
- and -
LAURENTIAN BANK OF CANADA
Respondent
TAXATION OF COSTS -- REASONS
FRANÇOIS PILON, TAXING OFFICER
[1] Counsel for the respondents Maria Grazia Bittichesu filed a bill of costs on June 6, 2000 pursuant to the judgment of the Court of Appeal on September 21, 1999 and asked that it be taxed without a personal appearance by the parties.
[2] On July 7, 2000 Marc-André Boutin, counsel for the appellants, filed his written submissions opposing the bill of costs to be taxed in accordance with the criteria listed in s. 400(3) of the Federal Court Rules. Ms. Bittichesu filed her reply on July 21, 2000.
[3] Mr. Boutin opposed two Tariff B items. In item 25, the respondents claimed $100 for services after judgment. For the same reasons stated in the taxation of the bill of costs in the trial case (T-291-99), I will allow this disbursement.
[4] The sum of $922.83 claimed for photocopying of books of authorities and the memorandum of fact and law was opposed by the appellants. Mr. Boutin explained that photocopying of these documents could not exceed $658 since there were a total of 376 pages for each of the seven copies, that is 2,632 pages at 25 ¢ a page. According to my calculations the number of photocopies, based on the evidence, came to 4,084 pages. In view of my difficulty in determining the exact number of photocopies, I will opt in favour of Mr. Boutin's calculation and award the sum of $658.
[5] The respondents' costs will therefore be taxed and allowed in the amount of $2,958. A certificate will be 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-315-99 |
BETWEEN:
JEAN-ALAIN BISAILLON and HYPNAT LTÉE
and HYPNAT LTÉE, COURTIER
Appellants
- and -
HER MAJESTY THE QUEEN and MINISTER
OF NATIONAL REVENUE and CAROLE GOUIN
in her capacity as director of the Montréal
taxation services office, Revenue Canada
Respondents
- and -
LAURENTIAN BANK OF CANADA
Respondent
TAXATION OF COSTS WITHOUT PERSONAL APPEARANCE
REASONS OF F. PILON, TAXING OFFICER
| PLACE OF TAXATION: Halifax, Nova Scotia |
| DATE OF REASONS: July 24, 2000 |
SOLICITORS OF RECORD:
Morris Rosenberg for the appellants
Deputy Attorney General of Canada
Montréal, Quebec
Goodman, Phillips & Vineberg for the respondents
Montréal, Quebec