Murphy v. Canada (Minister of National Revenue)
The Assessment Officer accepted the respondent's bill as supported, allowed counsel fees of $1,540.00 and disbursements of $2,147.40, and issued a certificate of assessment for $3,687.40; the assessment proceeded without personal appearance because the applicant failed to file submissions.
Source-derived case information.
- Citation
- 2004 FCA 106
- Parties
- Applicant: Pamela Murphy; Respondent: The Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2004
- Procedural Posture
- Judicial Review Application / Assessment of Costs (assessment in Writing Without Personal Appearance)
- Outcome
- Judicial review application dismissed with costs; costs assessed and certificate of assessment issued.
- Legal Topics
- Assessment of Costs, Judicial Review, Counsel Fees and Disbursements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pamela Murphy
Applicant
The Minister of National Revenue
Respondent
Procedural Posture
Judicial Review Application / Assessment of Costs (assessment in Writing Without Personal Appearance)
Legal Issues
- 1 Whether claimed counsel fees are reasonable and allowable
- 2 Whether claimed disbursements are supported and allowable
- 3 Whether assessment can proceed without personal appearance after applicant failed to file submissions
Ratio Decidendi
The Assessment Officer accepted the respondent's bill as supported, allowed counsel fees of $1,540.00 and disbursements of $2,147.40, and issued a certificate of assessment for $3,687.40; the assessment proceeded without personal appearance because the applicant failed to file submissions.
Court Disposition
Judicial review application dismissed with costs; costs assessed and certificate of assessment issued.
Orders
- Allow counsel fees for items 2, 14, 25 and 26 in the amount of $1,540.00.
- Allow disbursements in the amount of $2,147.40.
Full Case Text
Judgment text and source record
1 paragraphs
Murphy v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2004-03-15 Neutral citation 2004 FCA 106 File numbers A-380-99 Decision Content 5 Date: 20040315 Docket No. A-380-99 Citation: 2004 FCA 106 BETWEEN: Pamela Murphy Applicant - and - The Minister of National Revenue Respondent ASSESSMENT OF COSTS - REASONS FRANÇOIS PILON Assessment Officer [1] This judicial review application was dismissed with costs on October 22, 2002. The respondent bill of costs will be disposed of without the personal appearance of parties. [2] A timetable was set for parties to file written submissions; the applicant had until March 5, 2004 to do so. As of this date, the applicant has not filed any submissions. [3] Counsel fees for items 2, 14, 25 and 26 are reasonable and are allowed in the amount of $1,540.00. Disbursements incurred to obtain a transcript, to photocopy documents and for postage are supported by evidence and allowed in the amount of $2,147.40. A certificate of assessment will issued in the amount of $3,687.40. Halifax, Nova Scotia March 15, 2004 François Pilon Assessment Officer FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-380-99 STYLE OF CAUSE: Pamela Murphy v. The Minister of National Revenue ASSESSMENT IN WRITING WITHOUT THE PERSONAL APPEARANCE OF PARTIES ASSESSMENT OF COSTS - REASONS BY: François Pilon DATE OF REASONS: March 15, 2004 SOLICITORS OF RECORD: Morris Rosenberg Deputy Attorney General Ottawa, ON For the Respondent