Date: 20050614
Docket: T-966-04
Citation: 2005 FC 850
BETWEEN:
THE MINISTER OF NATIONAL REVENUE
Applicant
- and -
SCOTT CHARLES ROBERTSON
Respondent
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] The Court found the Respondent guilty of contempt of court, fined him $3,000.00 and awarded solicitor-client costs to the Applicant, to be taxed and not to exceed $1,500.00. I issued a timetable for written disposition of the Applicant's bill of costs.
[2] The Respondent did not file any materials in response to the Applicant'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, ie. those outside the authority of the judgment. I examined each item claimed in the bill of costs and the supporting materials within those parameters. The amount claimed in the bill of costs exceeds $1,500.00 and is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. However, as limited by the Court's award of costs, the Applicant's bill of costs is assessed and allowed at $1,500.00.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, BC
June 14, 2005
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-966-04
STYLE OF CAUSE: THE MINISTER OF NATIONAL REVENUE
- and -
SCOTT CHARLES ROBERTSON
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: June 14, 2005
SOLICITORS OF RECORD:
John H. Sims, Q.C. for Applicant
Deputy Attorney General of Canada
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