Kern v. Canada

Kern v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-01-18
Neutral citation
2007 FCA 54
File numbers
A-331-05
Decision Content
Date: 20070118
Docket: A-331-05
Citation: 2007 FCA 54
BETWEEN:
HARALD RALF KERN
ELKE KERN
Appellants
and
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
WILLA DOYLE
Assessment Officer
[1] The respondents’ Bill of Costs was presented following the dismissal with costs to the Respondent of the application for judicial review of the decision of the Honourable Mr. Justice Miller of the Tax Court of Canada. This Judicial Review was heard in Charlottetown, PE on June 26, 2006.
[2] Mr. Peter J. Leslie, counsel for the respondent, filed a bill of costs and supporting affidavit of disbursements December 1, 2006 requesting disposition of the assessment to be without the personal appearance of the parties.
[3] A timetable for written submissions and supporting materials was issued. The self-represented appellants did not file any submissions in opposition. Counsel for the respondent confirmed no further representations would be submitted in this claim.
[4] In the respondents’ Bill of Costs the following units are sought: four units for item 19 – memorandum of fact and law, five units for item 22 – counsel fee, per hour in court ( 2.5hours x 2), 1 unit for item 25 – services after judgment and two units for item 26 – assessment of costs. As previously stated there was no opposition filed to the respondents’ Bill of Costs.
[5] Before I continue, I must draw to the parties’ attention that, in this case the matter before the Federal Court of Appeal was a Judicial Review and not an Appeal. It is for that reason that the four units claimed in regard to item 19 – memorandum of fact and law should in fact be claimed under item 2- preparation and filing of all defences, replies, counterclaims or respondents’ records (emphasis mine) and materials. I allow the four units as requested.
[6] The next item claimed is five units under item 22 – counsel fee, per hour in court (2.5hours x 2 units) again for the reasoning as stated in paragraph [5] this should in fact be claimed under item 14(a) - Counsel fee: to first counsel, per hour in Court; (emphasis mine). I allow the five units as requested.
[7] In regard to item 25 – services after judgment, the allowable range is one and in item 26 – assessment of costs the allowable range is two to six. In both items the respondent has claimed the lowest number of units on the Column III. I allow the one unit and two units respectively.
[8] Disbursements are awarded in the amount of $269.88 as they were established by Ingrid O’Connells’ affidavit and the attached exhibits.
[9] The bill of costs presented at $1,709.88 is accordingly assessed and allowed in the amount of $ 1,709.88. A certificate is issued in the Federal Court of Appeal proceeding for $1,709.88.
“W. Doyle”
Assessment Officer
Fredericton, New Brunswick
January 18, 2007
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-331-05
STYLE OF CAUSE: Harald Ralf Kern and Elke Kern
-and-
Her Majesty the Queen
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: W. Doyle
DATED: January 18, 2007
WRITTEN REPRESENTATIONS BY:
P. Leslie
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Department of Justice Canada- Halifax, NB
FOR THE RESPONDENT