Date: 20010423
Docket: T-1198-00
Neutral Citation: 2001 FCT 372
BETWEEN:
ROBERT P. MURPHY
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
Assessment Officer
[1] This party and party assessment of the defendant's costs took place on April 18, 2001 with Mr. Scott McCrossin acting on behalf of Her Majesty the Queen and Mr. Robert Murphy who was self-represented. The Court had struck out the statement of claim with costs on August 24, 2000.
[2] Mr. Murphy indicated that he is presently without employment and does not have the means to pay for costs to be assessed against him. While I can sympathize with the plaintiff's difficult situation at present, costs are an integral part of the judicial process.
[3] In Solosky v. The Queen [1977] 1 F.C. 663, Mr. Justice Addy, when considering a similar issue, held:
"...in deciding whether costs should or should not be awarded against an unsuccessful plaintiff, neither the ability to pay nor the difficulty of collection should be a deciding factor but, on the contrary, the awarding or refusal of costs should be based on the merits of the case."
Of course, only Judges have the authority to grant or refuse costs in any matter before the Court.
[4] The four items of assessable services are presented by Mr. McCrossin at the lowest level of column III and are accordingly allowed as submitted. I also note that Counsel charged only $0.10 for photocopies instead of the customary $0.25.
[5] The defendant's bill of costs is assessed and allowed in the total amount of $1,054.24.
"François Pilon"
François Pilon
Assessment Officer
Dated April 23, 2001 at Halifax, Nova Scotia
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS OF RECORD
Docket: T-1198-00
Neutral Citation: 2001 FCT 372
ROBERT P. MURPHY
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
PLACE AND DATE OF ASSESSMENT: Halifax, Nova Scotia, April 18, 2001
REASONS BY: F. Pilon, Assessment Officer
DATE OF REASONS: April 23, 2001
APPEARANCES:
Robert Murphy for himself
Scott E. McCrossin for the Defendant
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Defendant