Date: 20130419
Docket: A-89-12
Citation: 2013 FCA 108
CORAM: NOËL J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
RANDY OLLENBERGER
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on April 19, 2013.
REASONS FOR ORDER BY: NOËL J.A.
CONCURRED IN BY: GAUTHIER J.A.
TRUDEL J.A.
Date: 20130419
Docket: A-89-12
Citation: 2013 FCA 108
CORAM: NOËL J.A.
GAUTHIER J.A.
TRUDEL J.A.
BETWEEN:
RANDY OLLENBERGER
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
NOËL J.A.
[1] This is a motion brought by the appellant pursuant to Rule 397 of the Federal Courts Rules, SOR/98-106 seeking the reconsideration of the judgment issued in the present matter insofar as it restricted the award of cost to the costs of the appeal. The appellant properly brings to our attention the fact that the costs of the appeal as well as costs before the Tax Court were sought.
[2] The motion is accordingly allowed, and the judgement is amended so as to also grant the appellant his costs before the Tax Court.
“Marc Noël”
J.A.
“I agree.
Johanne Gauthier J.A.”
“I agree.
Johanne Trudel J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-89-12
STYLE OF CAUSE: RANDY OLLENBERGER and HER MAJESTY THE QUEEN
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: Noël J.A.
CONCURRED IN BY: Gauthier J.A.
Trudel J.A.
DATED: April 19, 2013
WRITTEN REPRESENTATIONS BY:
|
Patrick Lindsay |
FOR THE APPELLANT
|
|
Cynthia Isenor |
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
BORDEN LADNER GERVAIS LLP Calgary, Alberta
|
FOR THE APPELLANT
|
|
William F. Pentney Deputy Attorney General of Canada |
FOR THE RESPONDENT
|