Sellathurai v. Canada (Public Safety and Emergency Preparedness), 2010 FC 44

Date: 20100115

Docket: T-155-06

Citation: 2010 FC 44

BETWEEN:

GOWRKUMARAN SELLATHURAI

Applicant

and

MINISTER OF PUBLIC SAFETY

AND EMERGENCY PREPAREDNESS

(SOLICITOR GENERAL OF CANADA)

Respondent

ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Court dismissed with costs this application for judicial review of the decision of the Respondent confirming the forfeiture of a large amount of currency seized from the Applicant at Pearson Airport in Toronto. I issued a timetable for written disposition of the Respondent’s bill of costs.

[2]               The Applicant did not file any materials in response to the Respondent’s 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. The total amount is generally arguable as reasonable within the limits of the award of costs and is allowed as presented at $6,491.84.

“Charles E. Stinson”

Vancouver, BC

January 15, 2010

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-155-06

STYLE OF CAUSE:                          GOWRKUMARAN SELLATHURAI

                                                            v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS (SOLICITOR GENERAL OF CANADA)

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 January 15, 2010

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: