BETWEEN:
Applicant
and
RICKY SINCLAIR ARAB
Respondent
Willa Doyle
Assessment Officer
[1] The Respondent's motion for an Order, to set aside an ex parte Order, authorizing the Minister of National Revenue to take, forthwith, any of the actions described in paragraphs 225.1(1) of the Income Tax Act in respect of the tax liability of the Respondent pursuant to notices of assessment, was dismissed with costs by Order of the Court dated February 18, 2005.
[2] In the cover letter accompanying the Applicant's Bill of Costs I noted that the Bill of Costs was sent to the Respondent's Counsel on April 13, 2005. Again on June 13, 2005 Counsel for the Applicant wrote to the Respondent's Counsel giving a deadline of July 11, 2005 regarding payment of costs without requesting an Assessment of Costs.
[3] July 19, 2005 Mark Donahue, Counsel for the Applicant, filed the Applicant's Bill of Costs with the Court and requested the Assessment be held by way of written submissions.
[4] I issued a timetable for written submissions and supporting material.
[5] The Respondent did not file any materials in reply to the Applicant's Bill of Costs nor to the supporting material presented by the Applicant for the Assessment.
[6] I examined each item claimed in the Assessable Services section of the Applicant's Bill of Costs. The Applicant claimed five units for item 5, three units for item 8, one unit x five hours for unit 9, one unit for item 25 and two units for item 26. I noted, for each item, the Applicant had requested the mid-range, the minimum or the lower end of Column III in Tariff B of the Federal Courts Rules. The amounts, not contested by Counsel for the Respondent, are allowed as requested.
[7] I reviewed the disbursements section of the Applicant's Bill of Costs. The items here appeared reasonable, were supported by affidavit and were not contradicted by any reply from Counsel for the Respondent. The disbursements are allowed as presented.
[8] A certificate is issued in this Federal Court proceeding for $2, 387.38.
(signed) Willa Doyle
Willa Doyle
Assessment Officer
Fredericton, New Brunswick
November 01, 2005
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-2107-04
STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE
-and-
RICKY SINCLAIR ARAB
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: Willa Doyle, Assessment Officer
DATED: November 1, 2005
SOLICITORS OF RECORD:
Mark R. Donahue FOR THE APPLICANT
Justice Canada
Halifax, NS
Kelvin Gilpin FOR THE RESPONDENT
Halifax, NS