Canada v. Pomerleau

Canada v. Pomerleau

Rule 407 requires use of Column III of Tariff B unless the Court orders otherwise; because the relevant orders were silent as to costs, the taxation officer must apply Column III, deny the respondent's claimed fees under Articles 16, 21 and 27, but allow the minimum 2 units under Article 26, resulting in taxed costs...

Source-derived case information.

Citation
2002 FCA 351
Parties
Appellant: Sa Majesté la Reine; Respondent: André Pomerleau
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
1 October 2002
Procedural Posture
Federal Court of Appeal Appeal / Taxation of Costs (taxation Hearing)
Outcome
Taxation granted in part in favour of the respondent; respondent awarded taxed costs of $220.00 and certificate issued.
Legal Topics
Taxation of Costs, Tariff B Columns, Rule 407, Rule 369, Orders Silent as to Costs, Certification of Taxed Costs
Source Language
en
Administrative Law Costs and Taxation Procedural Law Appellate Practice Taxation of Costs Tariff B Columns Rule 407 Rule 369 +2 more

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Parties

Sa Majesté la Reine

Appellant

André Pomerleau

Respondent

Procedural Posture

Federal Court of Appeal Appeal / Taxation of Costs (taxation Hearing)

  1. 1 Whether Column III of Tariff B must be used for party-party costs under Rule 407
  2. 2 Whether fees claimed under Articles 16, 21 and 27 are allowable where relevant orders are silent as to costs
  3. 3 Whether the taxation officer may consider parties' settlement/payment arrangements

Ratio Decidendi

Rule 407 requires use of Column III of Tariff B unless the Court orders otherwise; because the relevant orders were silent as to costs, the taxation officer must apply Column III, deny the respondent's claimed fees under Articles 16, 21 and 27, but allow the minimum 2 units under Article 26, resulting in taxed costs of $220 and issuance of a certificate.

Court Disposition

Taxation granted in part in favour of the respondent; respondent awarded taxed costs of $220.00 and certificate issued.

Orders

  • Costs taxed in favour of the respondent in the amount of $220.00 and a certificate issued for that sum
  • Claims for fees under Articles 16, 21 and 27 denied because the relevant orders were silent as to costs