Zhou v. Canada

Zhou v. Canada

Officer of Costs exercised the court's discretion under Rule 400(1), found the respondents complied with filing and service requirements, accepted the costs claimed as reasonable under Tariff B column III supported by affidavit, allowed the claimed disbursements, and taxed the respondents' bill in the total amount...

Source-derived case information.

Citation
2007 FCA 303
Parties
Appellant: Qing Hua Zhou; Respondent: Her Majesty the Queen; Respondent: Simon Petit
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
20 September 2007
Procedural Posture
Taxation of Costs Following Appellate Decision / Taxation on the Record (no Appearance)
Outcome
Costs taxed in favour of the respondents; certificate of taxation for $3,360.48 to be issued.
Legal Topics
Taxation of Costs, Federal Courts Rules, Tariff B, Service of Documents, Affidavit Evidence
Source Language
fr
Tax Law Procedural Law Administrative Law Costs Law Taxation of Costs Federal Courts Rules Tariff B Service of Documents +1 more

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Parties

Qing Hua Zhou

Appellant

Her Majesty the Queen

Respondent

Simon Petit

Respondent

Procedural Posture

Taxation of Costs Following Appellate Decision / Taxation on the Record (no Appearance)

  1. 1 Whether costs were properly awarded to respondents following dismissal of appeal
  2. 2 Whether wording of appeal dismissal ('with costs') could operate to award costs to appellant per Gifford
  3. 3 Whether respondents complied with service and filing requirements for their memorandum of costs

Ratio Decidendi

Officer of Costs exercised the court's discretion under Rule 400(1), found the respondents complied with filing and service requirements, accepted the costs claimed as reasonable under Tariff B column III supported by affidavit, allowed the claimed disbursements, and taxed the respondents' bill in the total amount of $3,360.48, issuing a certificate of taxation.

Court Disposition

Costs taxed in favour of the respondents; certificate of taxation for $3,360.48 to be issued.

Orders

  • Respondents' bill of costs taxed and allowed in the amount of $3,360.48.
  • Disbursements in the amount of $1,500.48 awarded as claimed.