Date: 20051219
Docket: 05-T-13
Citation: 2005 FC 1716
BETWEEN:
FISHING LAKE FIRST NATION
Applicant
- and -
DEBORAH CAROL PALEY
Respondent
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] An adjudicator under the Canada Labour Code upheld the unjust dismissal complaint by the Respondent against the Applicant. The Court dismissed, with costs, the Applicant's motion to extend the time to apply for judicial review. I issued a timetable for written disposition of the Respondent's bill of costs.
[2] The Applicant did not file any materials in response to the Respondent's materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by an assessment officer stepping away from a position of neutrality to act as the litigant's advocate in challenging given items in a bill of costs. However, the assessment officer cannot certify unlawful items, i.e. those outside the authority of the judgment and tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items for services of counsel which might have attracted disagreement, but the amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondent's bill of costs is assessed and allowed as presented at $1,343.10.
(Sgd.) "Charles E. Stinson"
Assessment Officer
| I HEREBY CERTIFY that the above document |
| is a true copy of the original filed of record in the Registry of the Federal Court of Appeal on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
M. Louise Marcotte, Senior Registry Officer |
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 05-T-13
STYLE OF CAUSE: FISHING LAKE FIRST NATION
- and -
DEBORAH CAROL PALEY
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE
OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: December 19, 2005
SOLICITORS OF RECORD:
Olive Waller Zinkhan and Waller FOR APPLICANT
Regina, SK
MacDermid Lamarsh FOR RESPONDENT
Saskatoon, SK