Date: 20100413
Docket: T-2205-07
Citation: 2010 FC 402
BETWEEN:
ROSEAU RIVER ANISHINABE
FIRST NATION CUSTOM COUNCIL
as represented by its Chairs
HECTOR PIERRE and MARTHA LAROQUE
Applicant
and
ROSEAU RIVER ANISHINABE
FIRST NATION as represented by
CHIEF TERRANCE NELSON,
COUNCILLOR GARY ROBERTS
COUNCILLOR JUNE LAROQUE
COUNCILLOR LAWRENCE HENRY and
COUNCILLOR KEITH HENRY
Respondent
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
The
Court dismissed with costs this application for judicial review seeking a
declaration that the Applicant’s resolution removing the Chief and Councillors
from office for the Roseau River Anishinabe First Nation was valid. 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 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
$19,843.40.
“Charles
E. Stinson”
Vancouver, BC
April
13, 2010
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2205-07
STYLE OF CAUSE: ROSEAU RIVER ANISHINABE FIRST NATION
CUSTOM COUNCIL et al. v. ROSEAU
RIVER ANISHINABE FIRST NATION et
al.
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April
13, 2010
WRITTEN REPRESENTATIONS BY:
|
Ms. Lynda K. Troup
|
FOR THE APPLICANT
|
|
n/a
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Thompson Dorfman Sweatman LLP
Winnipeg, MB
|
FOR THE APPLICANT
|
|
Merchant Law Group
Winnipeg, MB
|
FOR THE RESPONDENT
|
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