Murphy v. Canada, 2001 FCT 372

Date: 20010423

Docket: T-1198-00

                                                       Neutral Citation: 2001 FCT 372

BETWEEN:

                                  ROBERT P. MURPHY

                                                                                               Plaintiff

                                                 - and -

                            HER MAJESTY THE QUEEN

                                                                                           Defendant

                    ASSESSMENT OF COSTS - REASONS

François Pilon

Assessment Officer

[1]                This party and party assessment of the defendant's costs took place on April 18, 2001 with Mr. Scott McCrossin acting on behalf of Her Majesty the Queen and Mr. Robert Murphy who was self-represented. The Court had struck out the statement of claim with costs on August 24, 2000.

[2]                Mr. Murphy indicated that he is presently without employment and does not have the means to pay for costs to be assessed against him. While I can sympathize with the plaintiff's difficult situation at present, costs are an integral part of the judicial process.

[3]                In Solosky v. The Queen [1977] 1 F.C. 663, Mr. Justice Addy, when considering a similar issue, held:

"...in deciding whether costs should or should not be awarded against an unsuccessful plaintiff, neither the ability to pay nor the difficulty of collection should be a deciding factor but, on the contrary, the awarding or refusal of costs should be based on the merits of the case."

Of course, only Judges have the authority to grant or refuse costs in any matter before the Court.

[4] The four items of assessable services are presented by Mr. McCrossin at the lowest level of column III and are accordingly allowed as submitted. I also note that Counsel charged only $0.10 for photocopies instead of the customary $0.25.

[5]         The defendant's bill of costs is assessed and allowed in the total amount of $1,054.24.

                      "François Pilon"           

François Pilon

Assessment Officer

Dated April 23, 2001 at Halifax, Nova Scotia

                           FEDERAL COURT OF CANADA

                                       TRIAL DIVISION

    NAMES OF SOLICITORS AND SOLICITORS OF RECORD

                                                                              Docket: T-1198-00

                                                           Neutral Citation: 2001 FCT 372

                                    ROBERT P. MURPHY

Plaintiff

- and -

HER MAJESTY THE QUEEN

Defendant

PLACE AND DATE OF ASSESSMENT: Halifax, Nova Scotia, April 18, 2001

REASONS BY: F. Pilon, Assessment Officer

DATE OF REASONS: April 23, 2001

APPEARANCES:

Robert Murphy                                                                      for himself

Scott E. McCrossin                                                     for the Defendant

SOLICITORS OF RECORD:

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, Ontario                                                          for the Defendant