Date: 20010723
Docket: A-323-97
Neutral citation: 2001 FCA 242
BETWEEN:
EURO-LINE APPLIANCES
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
R. BEZUHLY
ASSESSMENT OFFICER
[1] This is an assessment of the Bills of Costs submitted on behalf of the Respondent Her Majesty the Queen, pursuant to Judgment dated May 17, 2000, dismissing the appeal with costs.
[2] On the argument of the appellant's inability to pay the costs, I refer to a decision by Gibson's J. in Nike Canada Ltd. v. Jane Doe, [1999] F.C.J. No. 1018 (QL) (T.D.): "_In an award of costs, neither the ability to pay nor the difficulty of collection should be a deciding factor".
[3] On the argument that when this appeal was commenced, the previous version of the Federal Court Rules applied; Rule 1312 which specifically provided that no costs be payable by any party. Assessment officers cannot certify unlawful items i.e. those outside the authority of the judgment and the Tariff.
[4] Upon reviewing the Appellant's Bill of Costs, I have reduced Item 19 to 5 units, accepting the remaining items as stated.
[5] Accordingly, I allow the Respondent's Bill of Costs, presented at $1,254.79, at $1,054.79.
"Rita Bezuhly"
R. Bezuhly
Assessment Officer
Toronto, Ontario
July 23, 2001
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-323-97
STYLE OF CAUSE: EURO-LINE APPLIANCES
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS -
REASONS BY: RITA BEZUHLY
DATED: TUESDAY, JULY 23, 2001
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
SOLICITORS OF RECORD: ANDRE & MORALES
Barristers & Solicitors
45 O'Connor Street
Suite 1520
Ottawa, Ontario
K1P 1A4
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010723
Docket: A-323-97
BETWEEN:
EURO-LINE APPLIANCES
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
ASSESSMENT OF COSTS - REASONS
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