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Federal Court of Appeal· 2005

Poulin v. Canada (Minister of National Revenue)

2005 FCA 277
AdministrativeJD
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Poulin v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-08-22 Neutral citation 2005 FCA 277 File numbers A-526-01 Decision Content Date: 20050822 Docket: A-526-01 Citation: 2005 FCA 277 Between: DANIEL POULIN Applicant AND MINISTER OF NATIONAL REVENUE Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This is the assessment of costs due to the applicant following the judgment dated January 30, 2003, allowing his application for judicial review. This assessment proceeded based on the written submissions of the parties. [2] In light of these submissions, the fees are awarded as claimed in the amount of $2,214.23 ($1,925 + $134.74 GST + $154.48 QST) for items 1 ($770), 14(a) ($825), 25 ($110) and 26 ($220). We accept the applicant's arguments regarding the complexity of the matter and award the maximum number of units provided under Tariff B for the preparation of the application for judicial review and counsel's attendance at Court. Further, we have adjusted the amount allowed under item 14 since the hearing was 2.5 hours long. [3] Pursuant to the documentation filed, the expenses incurred in this matter are awarded as follows: $50 for the court fees paid in accordance with Tariff A, $736.16 ($688 plus $48.16 GST) for the transcript of the stenographer's notes, $28.84 ($25.08 plus GST/QST) for bailiff fees and $69.02 ($60 plus GST/QST) for various expenses for photocopies, facsimiles and binders.…

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Poulin v. Canada (Minister of National Revenue)
Court (s) Database
Federal Court of Appeal Decisions
Date
2005-08-22
Neutral citation
2005 FCA 277
File numbers
A-526-01
Decision Content
Date: 20050822 Docket: A-526-01
Citation: 2005 FCA 277
Between:
DANIEL POULIN
Applicant
AND
MINISTER OF NATIONAL REVENUE
Respondent
ASSESSMENT OF COSTS - REASONS
MICHELLE LAMY, ASSESSMENT OFFICER
[1] This is the assessment of costs due to the applicant following the judgment dated January 30, 2003, allowing his application for judicial review. This assessment proceeded based on the written submissions of the parties.
[2] In light of these submissions, the fees are awarded as claimed in the amount of $2,214.23 ($1,925 + $134.74 GST + $154.48 QST) for items 1 ($770), 14(a) ($825), 25 ($110) and 26 ($220). We accept the applicant's arguments regarding the complexity of the matter and award the maximum number of units provided under Tariff B for the preparation of the application for
judicial review and counsel's attendance at Court. Further, we have adjusted the amount allowed under item 14 since the hearing was 2.5 hours long.
[3] Pursuant to the documentation filed, the expenses incurred in this matter are awarded as follows: $50 for the court fees paid in accordance with Tariff A, $736.16 ($688 plus $48.16 GST) for the transcript of the stenographer's notes, $28.84 ($25.08 plus GST/QST) for bailiff fees and $69.02 ($60 plus GST/QST) for various expenses for photocopies, facsimiles and binders. The parking and taxi expenses are denied as they are rather expenses inherent to the operating costs of an office.
[4] The applicant's costs are therefore assessed and allowed in the amount of $3,098.25. A certificate is issued for that amount.
DATED IN MONTRÉAL, THE 22nd DAY OF AUGUST 2005
Signed: "Michelle Lamy"
MICHELLE LAMY
ASSESSMENT OFFICER
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
COURT DOCKET NUMBER: A-526-01
Between:
DANIEL POULIN
Applicant
AND
MINISTER OF NATIONAL REVENUE
Respondent
ASSESSMENT OF COSTS IN WRITING
PLACE OF ASSESSMENT: Montréal, Quebec
REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER
DATE OF REASONS: AUGUST 22, 2005
SOLICITORS OF RECORD:
LeBlanc, Doucet McBride
Hull, Quebec For the applicant
John Sims
Attorney General of Canada
Ottawa, Ontario For the respondent

Source: decisions.fca-caf.gc.ca

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