BETWEEN:
and
CORRECTIONAL SERVICE OF CANADA and
ATTORNEY GENERAL OF CANADA
ASSESSMENT OF COSTS – REASONS
Assessment Officer
[1] In the course of this proceeding for judicial review, the Applicant has appealed two different interlocutory decisions of a Prothonotary. Said appeals were dismissed with costs. I issued a timetable for written disposition of the assessment of the Respondents' bill of costs.
[2] The Applicant did not file any materials in response to the Respondents' materials. My view, often expressed in comparable circumstances, is that the Federal Courts Rules do not contemplate a litigant benefiting by having an assessment officer step away from a neutral position 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 the tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. In the circumstances of this litigation, the total amount claimed in the bill of costs is generally arguable as reasonable within the limits of the awards of costs. The Respondents' bill of costs is assessed and allowed as presented at $960.00.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1583-05
STYLE OF CAUSE: JEAN RICHER v.
CORRECTIONAL SERVICE OF CANADA et al.
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
WRITTEN REPRESENTATIONS BY:
n/a |
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Natasha Crooks
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SOLICITORS OF RECORD:
n/a
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John H. Sims, Q.C. Department of Justice
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