IMPÔT c. MICHEL BLAIS
Because the objection by Denise Filteau was dismissed with costs to the judgment creditor and the objector did not respond to the bill of costs, the assessment officer awarded the requested costs except that Item 6 was limited to two units for the one hour specifically attributable to Filteau's motion (per the transcript), and travel disbursements for the Quebec hearing were reduced to one-third since three motions were heard the same day; total awarded $3,460.10.
- Citation
- 2002 FCT 644
- Parties
- Judgment Creditor: THE MINISTER OF NATIONAL REVENUE; Judgment Debtor: MICHEL BLAIS; Objector: DENISE FILTEAU; Objector: ROBERT ROSS; Objector: MICHEL BLAIS
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 5 June 2002
- Procedural Posture
- Income Tax Act Assessment; Canada Pension Plan; Employment Insurance Act / Assessment of Costs Without Personal Appearance
- Outcome
- Costs awarded to the judgment creditor in the amount of $3,460.10
- Legal Topics
- Assessment of Costs, Objection to Assessment, Bill of Costs, Costs Allocation, Assessment Officer Decision
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
THE MINISTER OF NATIONAL REVENUE
Judgment Creditor
MICHEL BLAIS
Judgment Debtor
DENISE FILTEAU
Objector
ROBERT ROSS
Objector
MICHEL BLAIS
Objector
Procedural Posture
Income Tax Act Assessment; Canada Pension Plan; Employment Insurance Act / Assessment of Costs Without Personal Appearance
Legal Issues
- 1 Entitlement to costs following dismissal of objection
- 2 Appropriate award for counsel's fees (Item 6)
- 3 Apportionment of travel disbursements where multiple motions heard together
Ratio Decidendi
Because the objection by Denise Filteau was dismissed with costs to the judgment creditor and the objector did not respond to the bill of costs, the assessment officer awarded the requested costs except that Item 6 was limited to two units for the one hour specifically attributable to Filteau's motion (per the transcript), and travel disbursements for the Quebec hearing were reduced to one-third since three motions were heard the same day; total awarded $3,460.10.
Court Disposition
Costs awarded to the judgment creditor in the amount of $3,460.10
Orders
- Award costs to the judgment creditor in the amount of $3,460.10
- Allow counsel's fees requested except adjust Item 6 to two units for one hour attributable to the objector's motion
Full Case Text
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