Date: 20040810
Docket: T-1265-03
Citation: 2004 FC 1101
BETWEEN:
KATHERINE MURPHY
Plaintiff
and
HER MAJESTY THE QUEEN
IN RIGHT OF THE EXECUTIVE GOVERNMENT
OF NUNAVUT AS REPRESENTED BY THE HON.
PAUL OKLIK, MINISTER OF JUSTICE
Defendant
Assessment Officer
[1] The Statement of Claim for relief in contract and tort was struck out with costs against the Plaintiff. I issued a timetable for written disposition of the Defendant's bill of costs.
[2] The Plaintiff did not file any materials in response to the Defendant's materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 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, ie. those outside the authority of the judgment and the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. 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 Defendant's bill of costs is assessed and allowed as presented at $400.00.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
August 10, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1265-03
STYLE OF CAUSE: Katherine Murphy
v.
Her Majesty the Queen in Right of the Executive Government of Nunavut as represented by the Hon. Paul Oklik, Minister of Justice
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE
OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: August 10, 2004
SOLICITORS OF RECORD:
Francis & Associates for Plaintiff
Ottawa, ON
Morris Rosenberg
Deputy Attorney General of Canada for Defendant