Krishnapillai v. Canada
Because the appeal was dismissed and the appellant filed no representations, the assessment officer allowed the respondent's claimed expenses and counsel's fees as requested except reducing item 26 to 2 units, resulting in costs of $2,459.73 being assessed and allowed in favor of the respondent.
Source-derived case information.
- Citation
- 2002 FCA 371
- Parties
- Appellant: Sriskanthan Krishnapillai; Respondent: Her Majesty the Queen and the Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 October 2002
- Procedural Posture
- Federal Court of Appeal Taxation of Costs / Assessment of Costs in Writing Without Personal Appearance
- Outcome
- Respondent's costs assessed and allowed following dismissal of the appeal.
- Legal Topics
- Taxation of Costs, Bill of Costs, Assessment Officer Discretion, Failure to File Representations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sriskanthan Krishnapillai
Appellant
Her Majesty the Queen and the Minister of Citizenship and Immigration
Respondent
Procedural Posture
Federal Court of Appeal Taxation of Costs / Assessment of Costs in Writing Without Personal Appearance
Legal Issues
- 1 Whether the respondent is entitled to costs following dismissal of the appeal
- 2 What amount of costs should be allowed and whether to allow assessment without personal appearance
Ratio Decidendi
Because the appeal was dismissed and the appellant filed no representations, the assessment officer allowed the respondent's claimed expenses and counsel's fees as requested except reducing item 26 to 2 units, resulting in costs of $2,459.73 being assessed and allowed in favor of the respondent.
Court Disposition
Respondent's costs assessed and allowed following dismissal of the appeal.
Orders
- Respondent's costs are assessed and allowed in the amount of $2,459.73.
- Counsel's fees awarded as requested except item 26 allowed at 2 units.
Full Case Text
Judgment text and source record
1 paragraphs
Krishnapillai v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2002-10-08 Neutral citation 2002 FCA 371 File numbers A-265-00 Decision Content Date: 20021008 Docket: A-265-00 Neutral citation: 2002 FCA 371 Between: SRISKANTHAN KRISHNAPILLAI Appellant and HER MAJESTY THE QUEEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondents TAXATION OF COSTS - REASONS FRANÇOIS MARTIN, ASSESSMENT OFFICER [1] This appeal was dismissed with costs on December 6, 2001. Following this decision, the Respondent, Her Majesty the Queen, filed a bill of costs on August 23, 2002, accompanied by a request to proceed without the personal appearance of the parties. [2] On September 6, 2002, copy of the bill of costs was sent to the Appellant so they could submit their written representations. As of today, none have been received on their behalf. Considering the foregoing, I am prepared to assess the Respondent's costs. [3] Counsel's fees are awarded as requested except for the claim under item 26. Given that the bill of costs is not disputed, I will allow 2 units for this claim. The expenses incurred by Respondent in this matter are allowed as claimed. [4] In view of the preceding, the Respondent's (Her Majesty the Queen) costs are assessed and allowed in the amount of $2,459.73. FRANÇOIS MARTIN ASSESSMENT OFFICER MONTREAL, QUEBEC October 8, 2002 FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-265-00 STYLE OF CAUSE: SRISKANTHAN KRISHNAPILLAI Appellant AND HER MAJESTY THE QUEEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondents ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES PLACE OF TAXATION: Montreal, Quebec ASSESSMENT OF COSTS - REASONS BY: FRANÇOIS MARTIN, ASSESSMENT OFFICER DATE OF REASONS: OCTOBER 8, 2002 SOLICITORS OF RECORD: Pia Zambelli Montreal, Quebec for the Appellant Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario for the Respondents