Date:
20091113
Docket: T-1960-06
Citation: 2009 FC 1158
BETWEEN:
HUGH STANFIELD – DIRECTOR OF
RAGLAN HOLDINGS INC.
RAGLAN HOLDINGS INC.
HUGH
STANFIELD
Applicants
and
THE
MINISTER OF NATIONAL REVENUE
Respondent
ASSESSMENT OF
COSTS – REASONS
Charles
E. Stinson
Assessment Officer
[1]
The
Court dismissed with costs this application for judicial review of a Request
for Information issued by the Respondent concerning the tax liability of the
deceased spouse of Hugh Stanfield. The Court had previously consolidated
Federal Court files T-1961-06 and T-1962-06 (addressing respective Requests for
Information) with this file. The former two matters were each dismissed with
costs, but the Respondent has filed a bill of costs only in this court file.
The Registry sent the timetable to the address for the Applicants specified by
the Order dated April 14, 2009.
[2]
The
Applicants did not file any materials in response to the Respondent’s
materials. My view, often expressed in comparable circumstances, is that
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 as reasonable within the limits of the award
of costs and is allowed as presented at $3,008.44.
“Charles
E. Stinson”
Vancouver, British Columbia
November
13, 2009
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1960-06
STYLE OF CAUSE: HUGH
STANFIELD et al. v. MNR
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT
OF COSTS: CHARLES
E. STINSON
DATED: November 13, 2009
WRITTEN REPRESENTATIONS:
|
n/a
|
FOR THE APPLICANTS
(self-represented)
|
|
Ms. Elizabeth McDonald
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
n/a
|
FOR THE APPLICANTS
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Vancouver, BC
|
FOR THE RESPONDENT
|
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