Gorge Road Properties Ltd. v. Canada (Attorney General), 2011 FC 880

Date: 20110713

Docket: T-33-10

Citation: 2011 FC 880

BETWEEN:

            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]               The Applicant discontinued this application for judicial review of a decision of the Canada Revenue Agency concerning the provision of certain documents. I issued a timetable for written disposition of the assessment of the amended bill of costs of the Respondent, presented further to Rule 402.

[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.

[3]               Although there were items in the amended bill of costs of the Respondent which might have attracted disagreement, its total amount is generally arguable as reasonable and is allowed as presented at $1,315.29.

“Charles E. Stinson”

Vancouver, BC

July 13, 2011

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-33-10

STYLE OF CAUSE:                          GORGE ROAD PROPERTIES LTD. v.

                                                            ATTORNEY GENERAL OF CANADA (CRA)

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                    CHARLES E. STINSON

DATED:                                                                                 July 13, 2011

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: