BETWEEN:
DELPHINE BEAULIEU,
TONI HERON, RAYMOND BEAVER AND
SONNY MCDONALD in their capacity as
COUNCILLORS OF THE SALT RIVER FIRST NATION 195,
elected August 30, 2002
and
VICTOR MARIE uncontested Chief and
NORMAN STARR uncontested duly elected BAND COUNCIL MEMBER,
NORA BEAVER, DAVID GOWANS, CONNIE BENWELL,
MICHEL BJORNSON, HARVEY LEPINE, AND DON TOURANGEAU,
purportedly elected BAND COUNCILLORS at a meeting held
November 3, 2002, AND JEANNIE MARIE-JEWELL,
acting as Interim Band Manager
ASSESSMENT OF COSTS - REASONS
Assessment Officer
[1] Further to the Applicants' notice of motion for a finding of contempt against eight of the nine Respondents, the Court found two of the Respondents in contempt, but dismissed the motion for contempt relative to the other six subject Respondents, including Harvey Lepine (the Respondent Lepine), with mid-Column IV costs to the Respondent Lepine (the June 29, 2006 findings). I issued a timetable for written disposition of the assessment of the bill of costs of the Respondent Lepine.
[2] The Applicants did not file any materials in response to the materials of the Respondent Lepine. 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. The total amount claimed is generally arguable as reasonable within the limits of the award of costs and is assessed and allowed as presented at $6,902.50.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2007-02
STYLE OF CAUSE: MELVIN WANDERINGSPIRIT et al. v.
VICTOR MARIE 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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Mr. Pierre G. Asselin
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SOLICITORS OF RECORD: