Jazra v. Canada (Minister of National Revenue)
The assessment officer held the respondent's claimed Tariff B fees and disbursements were reasonable and recoverable, awarded $1,650 for specified Tariff B items and $323.66 for disbursements, totaling $1,973.66, and issued a certificate; the assessment officer applied Rule 407 and confirmed that only the Court can...
Source-derived case information.
- Citation
- 2005 FCA 21
- Parties
- Applicant: Rod Jazra o/a Check‑Mate Investigations; Respondent: Minister of National Revenue
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 18 January 2005
- Procedural Posture
- Judicial Review / Assessment of Costs (assessment Officer)
- Outcome
- Costs assessed and allowed in favour of the respondent in the amount of $1,973.66; certificate issued.
- Legal Topics
- Assessment of Costs, Federal Court Rules, Tariff B, Disbursements, Assessment Officer Authority
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rod Jazra o/a Check‑Mate Investigations
Applicant
Minister of National Revenue
Respondent
Procedural Posture
Judicial Review / Assessment of Costs (assessment Officer)
Legal Issues
- 1 Whether the respondent's claimed fees under Tariff B are reasonable
- 2 Whether the claimed disbursements are recoverable
- 3 Whether costs should be limited to 25% of the judgment as suggested by the applicant
Ratio Decidendi
The assessment officer held the respondent's claimed Tariff B fees and disbursements were reasonable and recoverable, awarded $1,650 for specified Tariff B items and $323.66 for disbursements, totaling $1,973.66, and issued a certificate; the assessment officer applied Rule 407 and confirmed that only the Court can award a lump sum under subsection 400(4).
Court Disposition
Costs assessed and allowed in favour of the respondent in the amount of $1,973.66; certificate issued.
Orders
- Award respondent $1,650 for Tariff B items: item 2 (5 units), item 13(a) (3 units), item 14(a) (2 units), item 25 (1 unit), item 26 (4 units).
- Award respondent $323.66 for disbursements for photocopying, stenographer and service expenses as claimed.
Full Case Text
Judgment text and source record
1 paragraphs
Jazra v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-01-18 Neutral citation 2005 FCA 21 File numbers A-450-01 Decision Content Date: 20050118 Docket: A-450-01 Citation: 2005 FCA 21 Between: ROD JAZRA OP. CHECK-MATE INVESTIGATIONS Applicant AND MINISTER OF NATIONAL REVENUE Respondent ASSESSMENT OF COSTS -REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] This application for judicial review was dismissed on October 22, 2003, with costs in favour of the respondent. At his request, the assessment proceeded on the basis of the parties' written submissions. [2] In light of these facts and after reviewing the proceedings in the record, in my opinion the fees claimed by the respondent are reasonable. Accordingly, the amount of $1,650 is awarded for the following items of Tariff B: item 2 (5 units), item 13(a) (3 units), item 14(a) (2 units), item 25 (1 unit) and item 26 (4 units). Not under any item, the respondent claimed the maximum number of units provided in the Tariff for services which are normally performed in this type of case. [3] With respect to the disbursement totalling $323.66 for photocopying, stenographer and service expenses, they are also awarded as claimed. These expenses, the evidence of which was established by affidavit, were necessary to the proper conduct of the litigation. [4] In his submissions, the applicant suggests that the costs should not exceed 25% of the amount payable under the judgment, i.e. $1,000. To that I respond that the role of the assessment officer, as defined in rule 2 of the Federal Court Rules, is to determine the amount of costs in accordance with rule 407. Only the Court can award a lump sum in lieu of or in addition to the assessed costs, pursuant to subsection 400(4). [5] The costs of the respondent are therefore assessed and allowed in the amount of $1,973.66 and a certificate is issued. Signed : "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER MONTRÉAL, QUEBEC January 18, 2005 Certified true translation Kelley A. Harvey, BCL, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-450-01 Between: ROD JAZRA OP. CHECK-MATE INVESTIGATIONS Applicant AND MINISTER OF NATIONAL REVENUE Respondent ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS OF MICHELLE LAMY, ASSESSMENT OFFICER DATE OF REASONS: January 18, 2005 SOLICITORS OF RECORD: John Sims Deputy Attorney General of Canada Ottawa, Ontario For the respondent