Duchesnay v. Canada (Minister of National Revenue)
Because the appeal had been dismissed for delay, the appellant failed to file timely written objections, and the claimed counsel fee units and bailiff disbursements were reasonable, the Assessment Officer allowed the respondent's bill of costs in the specified amounts and ordered issuance of a certificate for the...
Source-derived case information.
- Citation
- 2002 FCA 261
- Parties
- Appellant: Anne Duchesnay; Respondent: Minister of National Revenue (In re the Income Tax Act)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 June 2002
- Procedural Posture
- Appeal (costs Assessment) / Assessment of Costs Following Dismissal for Delay
- Outcome
- Respondent's costs assessed and allowed.
- Legal Topics
- Costs Assessment, Stay of Execution, Dismissal for Delay, Bailiff Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Duchesnay
Appellant
Minister of National Revenue (In re the Income Tax Act)
Respondent
Procedural Posture
Appeal (costs Assessment) / Assessment of Costs Following Dismissal for Delay
Legal Issues
- 1 Whether the respondent's bill of costs should be assessed following dismissal for delay
- 2 Whether the claimed counsel fee units (items 21, 25, 26) are reasonable
- 3 Whether bailiff fees are allowable
Ratio Decidendi
Because the appeal had been dismissed for delay, the appellant failed to file timely written objections, and the claimed counsel fee units and bailiff disbursements were reasonable, the Assessment Officer allowed the respondent's bill of costs in the specified amounts and ordered issuance of a certificate for the total.
Court Disposition
Respondent's costs assessed and allowed.
Orders
- Respondent's fees allowed in the amount of $660.00.
- Respondent's disbursements (bailiff fees) allowed in the amount of $60.46.
Full Case Text
Judgment text and source record
1 paragraphs
Duchesnay v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2002-06-17 Neutral citation 2002 FCA 261 File numbers A-408-01 Decision Content Date: 20020617 Docket: A-408-01 Neutral citation: 2002 FCA 261 BETWEEN: Anne Duchesnay Appellant - and - In re the Income Tax Act - and - In re one or more assessments made by the Minister of National Revenue pursuant to one or more of the following statutes: the Income Tax Act, the Canada Pension Plan, the Employment Insurance Act Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] On August 1, 2001, the Court dismissed with costs the appellant's motion to stay execution of the trial order and sale of the seized movables. The respondent subsequently filed its bill of costs and asked that it be assessed. However, on January 22, 2002, I decided that assessment of this bill was premature since the appeal had not yet been heard on the merits. [2] On May 6, 2002, the Court dismissed the appeal for delay and counsel for Her Majesty asked that the bill of costs now be assessed without a personal appearance by the parties. Since the appellant's deadlines for filing written submissions against the bill have now expired, I will proceed with the assessment. [3] Counsel for the respondent claimed for the following fees: item 21 2 units item 25 1 unit item 26 3 units [4] These claims are reasonable and are allowed. Finally, the bailiffs' fees are allowed in the amount of $60.46. [5] The respondent's costs are assessed and allowed in the amounts of $660.00 for fees and $60.46 for disbursements. A certificate will be issued in the amount of $720.46. "François Pilon" Assessment Officer Halifax, Nova Scotia June 17, 2002 Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-408-01 BETWEEN: ANNE DUCHESNAY Appellant - and - In re the Income Tax Act Respondent ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE REASONS BY: François Pilon, Assessment Officer PLACE OF ASSESSMENT: Halifax, Nova Scotia DATE OF REASONS: June 17, 2002 SOLICITORS OF RECORD: Hickman, Noonan for the appellant Sillery, Quebec Morris Rosenberg for the respondent Deputy Attorney General of Canada Ottawa, Ontario