Docket: A-407-05
Citation: 2007 FCA 387
BETWEEN:
LLOYD STURTEVANT
Appellant
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS – REASONS
DIANE PERRIER, ASSESSMENT OFFICIER
[1] This is an assessment of the bill of costs due to the respondent following a judgment dated September 14, 2006, dismissing the appeal filed from a decision of the Tax Court of Canada.
[2] On January 22, 2007, counsel for the respondent filed his bill of costs and asked that it be assessed without the appearance of the parties. On June 15, 2007, letters setting a schedule were sent to the parties. To date, we have received no written submissions from the parties. I am now prepared to proceed with assessment of the bill of costs based on the documentation on the record.
[3] Fees are set at $1,399.92 for services rendered under the following items: item 19 – memorandum of fact and law (5 units), item 22 – counsel fees at hearing for first counsel, for each hour (2 units x 1,833 hours), item 25 – services after judgment (1 unit) and item 26 – assessment of costs (2 units) of Tariff B. I have reduced the number of units for the assessment of costs to 2 since this was a simple and uncontested case.
[4] Disbursements in the amount of $43.86 are allowed as claimed, since they were proven by the affidavit of Dany Leduc and the accompanying exhibits.
[5] The bill of costs submitted for $1,683.78 is allowed in the amount of $1,443.78. A certificate of assessment will be issued in this matter.
“Diane Perrier”
DIANE PERRIER
ASSESSMENT OFFICER
QUÉBEC, QUEBEC
December 6, 2007
Certified true translation
Susan Deichert,
Reviser
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
STYLE OF CAUSE: LLOYD STURTEVANT v.
HER MAJESTY THE QUEEN
ASSESSMENT OF COSTS WITHOUT APPEARANCE OF THE PARTIES
REASONS BY: DIANE PERRIER, ASSESSMENT OFFICER
SOLICITORS OF RECORD:
|
Granby, Quebec |
FOR THE APPELLANT
|
|
Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT |