Gauthier c. Bacon St-Onge

Gauthier c. Bacon St-Onge

The tax officer applied column III of tariff B, allocated units individually using Rule 400(3) factors (primarily result of the proceeding, unnecessary measures and workload), allowed 23 units for taxable services (total $3,910), allowed GST $195.50 and QST $390.02 on those services, allowed $7.50 for printing,...

Source-derived case information.

Citation
2025 CAF 111
Parties
Appellant: Me Kenneth Gauthier; Respondent: Jérôme Bacon St-Onge; Third Party: René Simon; Third Party: Gérald Hervieux; Third Party: Raymond Rousselot; Third Party: Marielle Vachon; Third Party: Diane Riverin
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
9 June 2025
Procedural Posture
Taxation of Costs on Appeal / Taxation Decision Issued by Tax Officer
Outcome
Taxation allowed in part; respondent awarded costs and disbursements totalling $4,503.02; post-judgment interest awarded under s.37(1) Federal Courts Act and governed by Quebec law; certificate of taxation to be issued.
Legal Topics
Taxation of Party to Party Costs, Allocation Under Tariff B Column III, Post Judgment Interest Under S.37 Federal Courts Act, Gst/qst on Legal Fees, Jurisdiction of Tax Officer
Source Language
fr
Costs and Taxation Appeal Procedure Administrative Law Federal Courts Practice Taxation of Party to Party Costs Allocation Under Tariff B Column III Post Judgment Interest Under S.37 Federal Courts Act Gst/qst on Legal Fees +1 more

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Parties

Me Kenneth Gauthier

Appellant

Jérôme Bacon St-Onge

Respondent

René Simon

Third Party

Gérald Hervieux

Third Party

Raymond Rousselot

Third Party

Marielle Vachon

Third Party

Diane Riverin

Third Party

Procedural Posture

Taxation of Costs on Appeal / Taxation Decision Issued by Tax Officer

  1. 1 Which level of column III of tariff B applies for each taxable service
  2. 2 Appropriate number of units to allocate for each tariff item claimed
  3. 3 Whether taxes (GST/TVQ) are payable on awarded taxable services

Ratio Decidendi

The tax officer applied column III of tariff B, allocated units individually using Rule 400(3) factors (primarily result of the proceeding, unnecessary measures and workload), allowed 23 units for taxable services (total $3,910), allowed GST $195.50 and QST $390.02 on those services, allowed $7.50 for printing, declined travel units and certain other claimed units, and concluded that post-judgment interest is payable under s.37(1) of the Federal Courts Act according to Quebec law but the tax officer will not fix rate or start date absent Court instruction.

Court Disposition

Taxation allowed in part; respondent awarded costs and disbursements totalling $4,503.02; post-judgment interest awarded under s.37(1) Federal Courts Act and governed by Quebec law; certificate of taxation to be issued.

Orders

  • Appellant shall pay respondent $3,910.00 for allocated taxable services (23 units) before taxes
  • Appellant shall pay respondent GST in the amount of $195.50