Duchesnay v. Canada (Minister of National Revenue)
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Duchesnay v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-22 Neutral citation 2002 FCA 27 File numbers A-408-01 Decision Content Date: 20020122 Docket: A-408-01 Neutral Citation: 2002 FCA 27 BETWEEN: ANNE DUCHESNAY Appellant - and - In the matter of the Income Tax Act, - and - In the matter of an assessment or assessments established by the Minister of National Revenue under one or more of the following Acts: the Income Tax Act, the Canada Pension Plan and the Employment Insurance Act; Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] On August 1, 2001, the Court dismissed the appellant's motion to stay the execution of the trial order in the following words: "[Translation] The motion to stay the execution of the trial order and the sale of the seized movable property is dismissed with costs." [2] On September 4, 2001, Mr. Louis Sébastien, the respondent's counsel, filed his bill of costs and asked that it be assessed without the personal appearance of the parties. Mr. William Noonan, the appellant's counsel, has not filed any written submissions in opposition to this bill. [3] I think it is premature to assess the costs of the motion at this stage of the proceedings. The Court ruled on an interlocutory application, as the appeal had not yet been heard on the merits. Furthermore, the wording of the order disposing of the costs is essential. The motion was dismissed with costs and without f…
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Mirrored from decisions.fca-caf.gc.ca — the linked original is authoritative.
Duchesnay v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2002-01-22 Neutral citation 2002 FCA 27 File numbers A-408-01 Decision Content Date: 20020122 Docket: A-408-01 Neutral Citation: 2002 FCA 27 BETWEEN: ANNE DUCHESNAY Appellant - and - In the matter of the Income Tax Act, - and - In the matter of an assessment or assessments established by the Minister of National Revenue under one or more of the following Acts: the Income Tax Act, the Canada Pension Plan and the Employment Insurance Act; Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] On August 1, 2001, the Court dismissed the appellant's motion to stay the execution of the trial order in the following words: "[Translation] The motion to stay the execution of the trial order and the sale of the seized movable property is dismissed with costs." [2] On September 4, 2001, Mr. Louis Sébastien, the respondent's counsel, filed his bill of costs and asked that it be assessed without the personal appearance of the parties. Mr. William Noonan, the appellant's counsel, has not filed any written submissions in opposition to this bill. [3] I think it is premature to assess the costs of the motion at this stage of the proceedings. The Court ruled on an interlocutory application, as the appeal had not yet been heard on the merits. Furthermore, the wording of the order disposing of the costs is essential. The motion was dismissed with costs and without further detail, which in my opinion means "with costs to follow the final disposition of the case". [4] Accordingly, the respondent's bill of costs will not be assessed. Halifax, Nova Scotia January 22, 2002 François Pilon Assessment Officer Certified true translation Suzanne M. Gauthier, LL.L., Trad. a. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE NO: A-408-01 BETWEEN: ANNE DUCHESNAY Appellant - and - In the matter of the Income Tax Act, Respondent ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE REASONS OF: François Pilon, Assessment Officer PLACE OF ASSESSMENT:Halifax, Nova Scotia DATE OF REASONS: January 22, 2002 SOLICITORS OF RECORD: Hickson Noonan Sillery, Quebec for the appellant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the respondent
Source: decisions.fca-caf.gc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61