Sixgraph Computing Ltd. v. Canada (Minister of National Revenue)
Because the appellant did not contest the bills and the proceeding was not complex, the assessment officer allowed the respondent's claimed fees except that Item 26 was reduced to two units in each instance; totals were fixed at $1,749.83 (Federal Court of Appeal) and $4,912.04 (Federal Court).
Source-derived case information.
- Citation
- 2005 FCA 338
- Parties
- Appellant: SIXGRAPH COMPUTING LTD.; Respondent: MINISTER OF NATIONAL REVENUE
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 October 2005
- Procedural Posture
- Federal Court of Appeal – Assessment of Costs / Assessment of Costs (assessment Officer Reasons)
- Outcome
- Respondent's costs allowed in part
- Legal Topics
- Costs Assessment, Assessment of Costs, Certificates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SIXGRAPH COMPUTING LTD.
Appellant
MINISTER OF NATIONAL REVENUE
Respondent
Procedural Posture
Federal Court of Appeal – Assessment of Costs / Assessment of Costs (assessment Officer Reasons)
Legal Issues
- 1 Whether the respondent's costs should be allowed as requested
- 2 Appropriate allowance for Item 26 given the uncontested and non‑complex nature of the proceeding
Ratio Decidendi
Because the appellant did not contest the bills and the proceeding was not complex, the assessment officer allowed the respondent's claimed fees except that Item 26 was reduced to two units in each instance; totals were fixed at $1,749.83 (Federal Court of Appeal) and $4,912.04 (Federal Court).
Court Disposition
Respondent's costs allowed in part
Orders
- Respondent's costs allowed in the amount of $1,749.83 in the Federal Court of Appeal
- Respondent's costs allowed in the amount of $4,912.04 in the Federal Court
Full Case Text
Judgment text and source record
1 paragraphs
Sixgraph Computing Ltd. v. Canada (Minister of National Revenue) Court (s) Database Federal Court of Appeal Decisions Date 2005-10-19 Neutral citation 2005 FCA 338 File numbers A-338-04 Decision Content Date: 20051019 Docket: A-338-04 Citation: 2005 FCA 338 Between: SIXGRAPH COMPUTING LTD. Appellant AND MINISTER OF NATIONAL REVENUE Respondent ASSESSMENT OF COSTS - REASONS MICHELLE LAMY, ASSESSMENT OFFICER [1] At the respondent's request, the bills of costs filed with the Federal Court of Appeal and the Federal Court in the matters before us are assessed without the personal appearance of the parties. Last August, counsel for the appellant informed us that he did not intend to contest the costs as requested. [2] On that basis, the respondent's fees are granted as requested, with the exception of Item 26. I am granting two (2) units in each instance for the assessment of costs, as this proceeding is uncontested and, on the whole, not complex. [3] The respondent's costs are accordingly assessed and allowed in the amount of $1,749.83 in the Federal Court of Appeal and $4,912.04 in the Federal Court. A certificate is issued in each of the files, and a copy of these reasons is placed in docket T-162-03. DATED AT MONTRÉAL, THE 19TH DAY OF OCTOBER, 2005. Signed: "Michelle Lamy" MICHELLE LAMY ASSESSMENT OFFICER Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD COURT DOCKET NO.: A-338-04 Between: SIXGRAPH COMPUTING LTD. Appellant AND MINISTER OF NATIONAL REVENUE Respondent ASSESSMENT OF COSTS IN WRITING PLACE OF ASSESSMENT: Montréal, Quebec REASONS BY MICHELLE LAMY, ASSESSMENT OFFICER DATED: OCTOBER 19, 2005 SOLICITORS OF RECORD: Malo Dansereau Montréal, Quebec for the appellant John Sims Deputy Attorney General of Canada Ottawa, Ontario for the respondent