Vézina v. Canada (Attorney General)
Because the respondent was awarded costs by the Court and the applicant did not challenge the bill or file submissions, the assessment officer allowed the respondent’s fees (with a specific adjustment to Item 26 to 2 units) and the full disbursements, resulting in costs assessed and allowed in the amount of $2,927.69.
Source-derived case information.
- Citation
- 2004 FCA 137
- Parties
- Applicant: PIERRE VÉZINA; Respondent: ATTORNEY GENERAL OF CANADA (MINISTER OF NATIONAL REVENUE)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 30 March 2004
- Procedural Posture
- Application for Judicial Review / Costs Assessment
- Outcome
- Costs awarded to respondent; respondent’s costs assessed and allowed.
- Legal Topics
- Assessment of Costs, Disbursements, Tariff of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
PIERRE VÉZINA
Applicant
ATTORNEY GENERAL OF CANADA (MINISTER OF NATIONAL REVENUE)
Respondent
Procedural Posture
Application for Judicial Review / Costs Assessment
Legal Issues
- 1 Whether the respondent’s bill of costs should be allowed
- 2 Whether the fees and disbursements claimed are appropriate under the tariff
- 3 Treatment of Item 26 (assessment of costs) when no challenge is made
Ratio Decidendi
Because the respondent was awarded costs by the Court and the applicant did not challenge the bill or file submissions, the assessment officer allowed the respondent’s fees (with a specific adjustment to Item 26 to 2 units) and the full disbursements, resulting in costs assessed and allowed in the amount of $2,927.69.
Court Disposition
Costs awarded to respondent; respondent’s costs assessed and allowed.
Orders
- Costs awarded to respondent
- Respondent's costs assessed and allowed in the amount of $2,927.69
Full Case Text
Judgment text and source record
1 paragraphs
Vézina v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2004-03-30 Neutral citation 2004 FCA 137 File numbers A-591-01 Decision Content Date: 20040330 Docket: A-591-01 Citation: 2004 FCA 137 [ENGLISH TRANSLATION] Between: PIERRE VÉZINA Applicant and ATTORNEY GENERAL OF CANADA (MINISTER OF NATIONAL REVENUE) Respondent ASSESSMENT OF COSTS – REASONS FRANÇOIS MARTIN, ASSESSMENT OFFICER [1 This assessment of costs follows a judgment by Desjardins, Létourneau and Nadon J.J.A. on February 5, 2003, dismissing the application for judicial review, with costs to the respondent. [2] Counsel for the respondent filed his bill of costs on December 15, 2003, accompanied by an application for a decision without personal appearance of the parties. [3] The record shows that the respondent’s bill of costs was served on the applicant on December 11, 2003. [4] On January 7, 2004, a timetable was established and was forwarded to the applicant to enable him to provide his written submissions, which he has yet to do. In light of the foregoing, I am ready to assess costs in favour of the respondent. [5] The fees requested are allowed with the exception of the application under Item 26 for assessment of costs. Since the assessment of costs has not been challenged, 2 units are allowed. [6] The disbursements supported by Valérie Tardif’s affidavit are awarded as requested. [7] The respondent’s costs are therefore assessed and allowed in the amount of $2,927.69. Signed: “François Martin” FRANÇOIS MARTIN ASSESSMENT OFFICER MONTRÉAL, QUEBEC March 30, 2004 FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-591-01 Between: PIERRE VÉZINA Applicant and ATTORNEY GENERAL OF CANADA (MINISTER OF NATIONAL REVENUE) Respondent ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY FRANÇOIS MARTIN, ASSESSMENT OFFICER DATED: March 30, 2004 NAMES OF COUNSEL AND SOLICITORS OF RECORD François De Vette Montréal, Quebec For the Applicant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario For the Respondent