Action by Christians for the Abolition of Torture v. Canada
Because the appellant failed to file any written submissions in response to a request and the respondents' claims were reasonable and consistent with Tariff B, the assessment officer properly assessed the bill of costs as submitted and issued a certificate for the claimed amount.
Source-derived case information.
- Citation
- 2005 FCA 257
- Parties
- Appellant: Action by Christians for the Abolition of Torture (A.C.A.T.); Respondents: Her Majesty the Queen and Maureen Kidd, Director General, Charities Directorate, Canada Customs and Revenue Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 July 2005
- Procedural Posture
- Costs Assessment / Assessment Decision (certificate Issued)
- Outcome
- Respondents' bill of costs assessed as submitted; certificate of assessment issued.
- Legal Topics
- Costs Assessment, Tariff B, Certificate of Assessment, Failure to File Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Action by Christians for the Abolition of Torture (A.C.A.T.)
Appellant
Her Majesty the Queen and Maureen Kidd, Director General, Charities Directorate, Canada Customs and Revenue Agency
Respondents
Procedural Posture
Costs Assessment / Assessment Decision (certificate Issued)
Legal Issues
- 1 Whether the respondents' bill of costs should be assessed as submitted
- 2 Whether the appellant's failure to file written submissions justifies assessment as submitted
- 3 Whether the claimed costs are reasonable and consistent with Tariff B
Ratio Decidendi
Because the appellant failed to file any written submissions in response to a request and the respondents' claims were reasonable and consistent with Tariff B, the assessment officer properly assessed the bill of costs as submitted and issued a certificate for the claimed amount.
Court Disposition
Respondents' bill of costs assessed as submitted; certificate of assessment issued.
Orders
- Certificate of assessment issued in the amount of $1,575.00
Full Case Text
Judgment text and source record
1 paragraphs
Action by Christians for the Abolition of Torture v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2005-07-13 Neutral citation 2005 FCA 257 File numbers A-805-00 Decision Content Date: 20050713 Docket: A-805-00 Citation: 2005 FCA 257 Between: ACTION BY CHRISTIANS FOR THE ABOLITION OF TORTURE (A.C.A.T.) Appellant AND HER MAJESTY THE QUEEN and MAUREEN KIDD, in her capacity as Director General of the Charities Directorate of the Canada Customs and Revenue Agency Respondents ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On May 16, 2005, we sent a letter to the appellant requiring it to file its written submissions against the respondents' bill of costs. To date, there has not been a reply to our request. [2] In the circumstances, the respondents' bill of costs is assessed as submitted since all of the claims are reasonable and consistent with the application of Tariff B in general. [3] A certificate of assessment is therefore issued in the amount of $1,575.00. DATED AT MONTRÉAL, THE 13th DAY OF JULY 2005. Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENTOFFICER Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD COURT DOCKET NO.: A-805-00 Between: ACTION BY CHRISTIANS FOR THE ABOLITION OF TORTURE (A.C.A.T.) Appellant AND HER MAJESTY THE QUEEN and MAUREEN KIDD, in her capacity as Director General of the Charities Directorate of the Canada Customs and Revenue Agency Respondents WRITTEN ASSESSMENT OF COSTS PLACE OF ASSESSMENT: Montréal, Quebec REASONS FOR ASSESSMENT: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: July 13, 2005 SOLICITORS OF RECORD: Davis Ward Phillips & Vineberg Montréal, Quebec FOR THE APPELLANT John Sims Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENTS