Phillips v. Canada, 2009 FC 637

Date: 20090616

Docket: T-1360-08

Citation: 2009 FC 637

BETWEEN:

VICTOR PHILLIPS

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

ASSESSMENT OF COSTS - REASONS

Bruce Preston

Assessment Officer

[1]               By way of Order dated November 24, 2008, the Court dismissed the Defendant’s motion to strike, with costs limited to disbursements payable by the Defendant to the Plaintiff.

[2]               On December 8, 2008 the Plaintiff filed his Bill of Costs. Upon reviewing the file it was determined that this was a matter which could proceed by written submission. The time limits for the filing of submissions have now passed. As no further submissions have been filed, I will proceed with the assessment.

[3]               In Reginald R. Dahl v. HMQ, 2007 FC 192  at paragraph 2, the assessment officer stated:

Effectively, the absence of any relevant representations by the Plaintiff, which could assist me in identifying issues and making a decision, leaves the bill of costs unopposed. 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, i.e. those outside the authority of the judgment and the Tariff.

[4]               I have reviewed the file, particularly the materials filed in support of the motion. I find the amounts claimed to be reasonable and necessary. Following the reasons cited above, I will allow the disbursements as submitted.

[5]               For the above reasons, the Bill of Costs presented at $100.00 is allowed as presented. A certificate of assessment will be issued.

    “Bruce Preston”

Toronto, Ontario

June 16, 2009

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-1360-08

STYLE OF CAUSE:                          VICTOR PHILLIPS v. HER MAJESTY THE QUEEN

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

DATED:                                                                                 JUNE 16, 2009

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: