Date: 20080411
Docket: T-2303-05
Citation: 2008 FC 468
BETWEEN:
JEAN
RICHER
Applicant
and
MARIA LYNN FREELAND,
INDEPENDENT CHAIRPERSON
SASKATCHEWAN PENITENTIARY, AND
ATTORNEY GENERAL OF CANADA
Respondents
ASSESSMENT OF
COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1]
The
Court dismissed with costs this application to quash a conviction for failure
to provide a urine sample. I issued a timetable for written disposition of the
assessment of the Respondents’ bill of costs.
[2]
The
Applicant did not file any materials in response to the Respondents’ 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. I examined each item claimed in the bill of costs
and the supporting materials within those parameters. The total amount
claimed is generally arguable as reasonable within the limits of the award of
costs and is allowed as presented at $1,800.00.
“Charles
E. Stinson”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-2303-05
STYLE OF CAUSE: JEAN
RICHER v. MARIA LYNN FREELAND et al.
ASSESSMENT
OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES
E. STINSON
DATED: April 11, 2008
WRITTEN
REPRESENTATIONS:
|
n/a
|
FOR THE APPELLANT
(self-represented)
|
|
Ms. Natasha
Crooks
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
n/a
|
FOR THE APPELLANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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