Canada (National Revenue) v. Earby
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Canada (National Revenue) v. Earby Court (s) Database Federal Court Decisions Date 2008-09-11 Neutral citation 2008 FC 1024 File numbers T-71-07 Decision Content Date: 20080911 Docket: T-71-07 Citation: 2008 FC 1024 BETWEEN: MINISTER OF NATIONAL REVENUE Applicant and NORMAN EARBY Respondent ASSESSMENT OF COSTS – REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] On March 26, 2008, the Court allowed the applicant’s application under section 231.7 of the Income Tax Act (hereinafter “ITA”) with costs only because a third party disclosed to the applicant the documents requested in a notice of request for information dated July 26, 2006. [2] On February 26, 2008, counsel for the applicant filed a bill of costs, requesting that it be assessed without the appearance of the parties. Registered letters were forwarded to the parties establishing a timetable for their written submissions. Up to now we have not received any written submission from the parties and accordingly I am now ready to assess the costs on the basis of the documentation on record. [3] The fees to be assessed are allowed in the amount of $1,339.20. I allowed Item 1 – preparation and filing of originating documents (5 units); Item 13(a) – counsel fee, preparation for hearing (3 units); Item 14(a) – counsel fee to lead counsel per hour in court (2 units x 0.08 x $120); Item 25 – services after judgment not otherwise specified (1 unit); and Item 26 (2 units). Item 14(a) was allowed only for the duration of the hearing accor…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Canada (National Revenue) v. Earby Court (s) Database Federal Court Decisions Date 2008-09-11 Neutral citation 2008 FC 1024 File numbers T-71-07 Decision Content Date: 20080911 Docket: T-71-07 Citation: 2008 FC 1024 BETWEEN: MINISTER OF NATIONAL REVENUE Applicant and NORMAN EARBY Respondent ASSESSMENT OF COSTS – REASONS DIANE PERRIER, ASSESSMENT OFFICER [1] On March 26, 2008, the Court allowed the applicant’s application under section 231.7 of the Income Tax Act (hereinafter “ITA”) with costs only because a third party disclosed to the applicant the documents requested in a notice of request for information dated July 26, 2006. [2] On February 26, 2008, counsel for the applicant filed a bill of costs, requesting that it be assessed without the appearance of the parties. Registered letters were forwarded to the parties establishing a timetable for their written submissions. Up to now we have not received any written submission from the parties and accordingly I am now ready to assess the costs on the basis of the documentation on record. [3] The fees to be assessed are allowed in the amount of $1,339.20. I allowed Item 1 – preparation and filing of originating documents (5 units); Item 13(a) – counsel fee, preparation for hearing (3 units); Item 14(a) – counsel fee to lead counsel per hour in court (2 units x 0.08 x $120); Item 25 – services after judgment not otherwise specified (1 unit); and Item 26 (2 units). Item 14(a) was allowed only for the duration of the hearing according to the Court record from 9:34 a.m. to 9:39 a.m., that is to say, 5 minutes. Item 26 was allowed only for 2 units because the assessment does not seem to me to be complicated. [4] Judicial fees in the amount of $50 paid for filing the notice of originating documents are allowed under Tariff A. Disbursements of $108.89 are allowed in that amount because they are proven by affidavit and appear to me to be reasonable. [5] The bill of costs for $1,788.89 submitted by the applicant is assessed and allowed in the amount of $1,498.09. A certificate of assessment will be issued for this amount. MONTRÉAL, QUEBEC September 11, 2008 DIANE PERRIER ASSESSMENT OFFICER Certified true translation Brian McCordick, Translator FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-71-07 Between: MINISTER OF NATIONAL REVENUE Applicant AND NORMAN EARBY Respondent WRITTEN ASSESSMENT OF COSTS PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY DIANE PERRIER, ASSESSMENT OFFICER DATED: September 11, 2008 SOLICITORS OF RECORD: John Sims Deputy Attorney General of Canada Ottawa, Ontario For the applicant Yanofsky, Gelber, Mancuso Montréal, Quebec For the respondent
Source: decisions.fct-cf.gc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61