Landry c. Canada (Minister of National Revenu)

Landry c. Canada (Minister of National Revenu) Court (s) Database Federal Court of Appeal Decisions Date 2001-06-01 Neutral citation 2001 FCA 180 File numbers A-377-99 Decision Content Date: 20010601 Docket: A-377-99 Neutral reference: 2001 FCA 180 Between: JERRY LANDRY Plaintiff AND THE MINISTER OF NATIONAL REVENUE Defendant ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] On January 30, 2001 the Court of Appeal allowed this application for judicial review with costs to the plaintiff. The taxation of costs went forward on April 20, 2001 by conference call with Vicky Lapierre present for the plaintiff and Bernard Fontaine for the defendant. [2] Bernard Fontaine argued that the plaintiff's record was not complete, which had an impact on the hearing time. The transcript of the hearing before the federal board was missing and the memorandum of fact and law contained no specific reference to the relevant passages from the said transcript. Accordingly, he asked that the number of units under items 1 and 14 (a) of Tariff B be reduced. [3] As the plaintiff had not received the transcript and wished to meet the deadline laid down in Rule 309 of the Federal Court Rules for filing the plaintiff's record, Vicky Lapierre explained that her colleague had agreed to include the transcript in the defendant's record. Although Mr. Fontaine was faced with a fait accompli, he had no choice but to include the transcript in his record so as to facilitate the work of the Court. [4] Ms. Lapierre mentioned that the Court made no comment on the presentation of the memorandum of fact and Law. [5] In conclusion, I consider that the explanations provided by the plaintiff are reasonable and do not see any need to reduce his claims under items 1 and 14(a). The fees requested under item 24 are disallowed for the reasons I gave at the time of the assessment. [6] The other fees claimed under Tariff B are not disputed. The same applies to disbursements incurred by the plaintiff in the amount of $1,879.76. [7] The plaintiff's costs are accordingly assessed and allowed in the amount of $4,004.76. A certificate is issued for that amount. (signed) MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC June 1, 2001 Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010601 Docket: A-377-99 BETWEEN: JERRY LANDRY Plaintiff AND THE MINISTER OF NATIONAL REVENUE Defendant ASSESSMENT OF COSTS - REASONS FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-377-99 Between: JERRY LANDRY Plaintiff AND THE MINISTER OF NATIONAL REVENUE Defendant ASSESSMENT OF COSTS BY CONFERENCE CALL ON APRIL 20, 2001 REASONS BY: MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: June 1, 2001 APPEARANCES: Vicky Lapierre for the plaintiff Bernard Fontaine for the defendant SOLICITORS OF RECORD: Desrosiers & Associés for the plaintiff Sept-Îles, Quebec Morris Rosenberg for the defendant Deputy Attorney General of Canada Ottawa, Ontario