Murphy v. Canada, 2004 FC 1101

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 OF COSTS - REASONS

Charles E. Stinson

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