Federal Court of Appeal Decisions

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                                                                                                                                Date:    20000503

                                                           Docket: ITA-4203-99

Between:

                                        IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT

                                                                                                                                 Judgment creditor

                                                                          AND

                                                 LES BAGUETTES CAUSAPS INC.

                                                                                                                                   Judgment debtor

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                                      CERTIFICATE OF ASSESSMENT OF COSTS

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I hereby certify that the costs of the judgment creditor in this case have been assessed

and allowed in the amount of $1,728.66.

               Johanne Parent              

     ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

May 3, 2000

Certified true translation

Martine Brunet, LL.B.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000503

Docket: ITA-4203-99

BETWEEN:

In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments by the Minister of National Revenue pursuant to one or more of the following Acts:

the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act,

Judgment creditor

AND

LES BAGUETTES CAUSAPS INC.

Judgment debtor

                                                                                 

CERTIFICATE OF ASSESSMENT OF COSTS

                                                                                  


                                                                                                                                Date:    20000503

                                                                       Docket: ITA-4203-99

BETWEEN:

                                        IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION PLAN,

THE EMPLOYMENT INSURANCE ACT

                                                                                                                                 Judgment creditor

                                                                          AND

                                                 LES BAGUETTES CAUSAPS INC.

                                                                                                                                   Judgment debtor

                                            ASSESSMENT OF COSTS - REASONS

JOHANNE PARENT, ASSESSMENT OFFICER

[1]         The hearing of this assessment took place via conference call on March 30, 2000. Étienne Trépannier, accompanied by Robert Ladouceur, represented the judgment creditor, and Valère M. Gagné represented the judgment debtor.

[2]         Assessment of the judgment creditor's costs was carried out in accordance with the Honourable Mr. Justice Blais' order dated September 24, 1999, which adjourned the motion to oppose made on June 18, 1999, sine die and ordered the opposing party to pay the costs of the motion.


[3]         In accordance with the criteria set out in rules 409 and 400(3) of the Federal Court Rules, 1998 and the evidence on the record, the amounts claimed are broken down as follows.

[4]         The amounts claimed under items 5, 25 and 26 were not challenged and are awarded as claimed. Under item 6, for the appearance at the motion on September 24, 1999, the amount claimed is reduced to $50.00 to reflect actual hearing time.

[5]         As for the amount claimed under item 24, it was withdrawn by the judgment creditor at the assessment hearing.

[6]         The sum total of the amounts claimed under Tariff B thus equals $1,050.00.

[7]         The disbursements claimed under section 1 of Tariff B are awarded in the amount of $678.66, and consist of the following:

- Section 1(3)(b): goods and services tax calculated at 7% of the services to be assessed, which are evaluated at $1,050.00, amounts to $73.50.

- Section 1(4):


- Miscellaneous disbursements including faxes, photocopies, courier services and long distance telephone calls. Under this section, disbursements may be assessed if they are reasonable and the assessment officer is satisfied that they were made or are payable. Although this item was not challenged by the judgment debtor, there is no formal evidence on the record that the costs claimed under this heading were actually incurred. However, as mentioned by the judgement creditor, it is obvious that expenses of this type are incurred in connection with a matter before the Court, and I agree that it may be more difficult for the judgement creditor to provide a breakdown of these amounts. Nonetheless, I shall not award, as claimed, 12% of services to be assessed as a basis for calculating these disbursements. Given the documentation on the Court record, I shall instead award an overall amount of $50.00.

- Travel to Québec on September 24, 1999. The amount of $555.16 is awarded as requested.

[8]         The bill of costs is allowed in the amount of $1,728.66. A certificate is issued for this amount.

                                                                                                                Johanne Parent      

                                                                                                   ASSESSMENT OFFICER

MONTRÉAL, QUEBEC

May 3, 2000

Certified true translation

Martine Brunet, LL.B.


FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000503

Docket: ITA-4203-99

BETWEEN:

In the matter of the Income Tax Act

- and -

In the matter of an assessment or assessments by the Minister of National Revenue pursuant to one or more of the following Acts:

the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act

Judgment creditor

LES BAGUETTES CAUSAPS INC.

Judgment debtor

                                                                                    

ASSESSMENT OF COSTS - REASONS

                                                         


                                                 FEDERAL COURT OF CANADA

                                                              TRIAL DIVISION

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE No.:    ITA-4203-99

BETWEEN:

IN THE MATTER OF THE INCOME TAX ACT

- and -

IN THE MATTER OF AN ASSESSMENT OR ASSESSMENTS

BY THE MINISTER OF NATIONAL REVENUE

PURSUANT TO ONE OR MORE OF THE FOLLOWING ACTS:

THE INCOME TAX ACT, THE CANADA PENSION ACT, THE EMPLOYMENT INSURANCE ACT

                                                                                                                              Judgment creditor

                                                                          AND

                                                LES BAGUETTES CAUSAPS INC.

                                                                                                                                Judgment debtor

ASSESSMENT OF COSTS BY CONFERENCE CALL ON MARCH 30, 2000

REASONS OF J. PARENT, ASSESSMENT OFFICER

PLACE OF ASSESSMENT:           Montréal, Quebec

DATE OF REASONS:                    May 3, 2000

APPEARED:                                    Étienne Trépanier and Robert Ladouceur for the judgment creditor

Valère M. Gagné for the judgment debtor

SOLICITORS OF RECORD:

Justice Canada                                                                          for the judgment creditor

Ottawa, Ontario

Valère M. Gagné                                                                       for the judgment debtor

Rimouski, Québec

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