Date: 20060411
Docket: A-135-00
Citation: 2006 FCA 141
Between:
JOHN AIKMAN and the other persons
listed in Schedule A
Appellants
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS – REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is an appeal from a decision of the Tax Court of Canada which was dismissed with costs. At the request of the respondent, we set a deadline for the filing of written submissions in response to the respondent’s set of costs. Since I have not received an answer, I am prepared to assess the costs as submitted.
[2] The fees are established in an amount of $1,920 for the following items under Tariff B: 19 (5 units), 21 (2 units), 22 (2 units x 3 hours), 25 (1 unit), and 26 (2 units). The request for 2 units under item 21 for the filing of the memorandum of fact and of law is disallowed, because the order dates August 14, 2000 did not mention anything about the costs for this proceeding. Because the appellant discontinued his motion concerning the content of the appeal record, he is required to pay the costs pursuant to section 411 of the Federal Courts Rules. I reduced the number of units requested for the assessment of costs to 2, because it is a simple and uncontested proceeding.
[3] The disbursements incurred in this case in an amount of $2,121.71 are allowed as submitted, as they are proven by affidavit.
[4] For these reasons, the respondent’s costs are assessed and allowed in the amount of $4,041.71. A certificate is issued for this amount.
Montréal, Quebec, April 11, 2006
|
“Michelle Lamy” |
|
MICHELLE LAMY ASSESSMENT OFFICER |
Certified true translation
Michael Palles
SCHEDULE A
JOHN R. AIKMAN, MICHEL BEAUREGARD, ANDRÉ BENOÎT, GUY
BENOÎT, RENÉ BERGERON, JOSÉE BESNER, DENIS BLANCHETTE,
FRANÇOIS BOUCHARD, MARC BOUCHER, NANTEL BRISSET, PIERRE CHARBONNEAU, BRUNO DION, DENIS DUFRESNE, GUY GADOURY,
MICHEL GAGNÉ, PAUL GENDRON, ANTHONY HALFACRE, JEAN-ÉRIC
HÉROUX, FERNAND LALIBERTÉ, LISE LALONDE, SERGE LANTHIER,
SERGE LEBEL, JOCELYNE LESSARD-GENDRON, MONIQUE LORD,
ANTHONY MOFFAT, JACQUES OUELLET, CLAUDE PAQUETTE, DENIS
PATRY, RÉJEAN PLAMONDON, MICHEL PLOURDE, KENNETH REED,
DANIEL ROBERT, JOHN ROMITA, JEAN TOUCHETTE, PIERRE
TOUCHETTE, ROBERT TRAUNERO, ROSANNA VENDITTI AND
ROBERT ZEDWANE
SOLICITORS OF RECORD
Between: John Aikman and the other persons listed in Schedule A
v. Her Majesty the Queen
WRITTEN ASSESSMENT OF COSTS
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER
DATED: April 11, 2006
SOLICITORS OF RECORD
Ravinsky, Ryan For the appellants
Montréal, Quebec
John H. Sims, Q.C.
Deputy Attorney General of Canada For the respondent