Date: 20061018
Docket: T-1129-03
Citation: 2006FC1243
BETWEEN:
DR.
NOEL AYANGMA
Plaintiff
and
HER
MAJESTY THE QUEEN
Defendant
ASSESSMENT OF
COSTS – REASONS
PAUL
G.C. ROBINSON
ASSESSMENT
OFFICER
[1]
This
is an assessment of costs pursuant to an Order of the Federal Court dated August
29, 2003 which allowed the Defendant’s motion for security for costs and
further allowed the costs of the motion to be taxed according to Column III of
Tariff B of the Federal Courts Rules. This Statement of Claim was dismissed
for reason of delay by the Federal Court on October 27, 2004. The Defendant
filed its Bill of Costs for the security of costs motion on August 5, 2004 and
requested by correspondence dated October 29, 2004 that this assessment of
costs be dealt with by written submissions. However, the Plaintiff made a
request to the Assessment Officer, who originally had carriage of this file,
for a postponement of the assessment of the Defendant’s Bill of Costs until
after the appeal hearing related to this proceeding had been dealt with. On
November 29, 2004, the Assessment Officer directed that he was seized of this
matter and the assessment of costs would be adjourned sine die until the
Federal Court of Appeal proceeding in A-585-04 was disposed of. The Federal Court
of Appeal dismissed the Notice of Appeal for delay on July 7, 2005. On June 30,
2006, the Defendant forwarded correspondence to the Halifax Registry renewing
its request to proceed with the assessment of costs associated with the
Defendant’s motion for security of costs.
[2]
For
administrative reasons, it is worthy to note that this assessment of costs was
assigned to a different Assessment Officer shortly after receiving the
Defendant’s renewed request for an assessment of costs. The parties were
informed by separate teleconferences on July 17, 2006 that the Toronto Regional
Taxation and Assessment Officer now had carriage of this file.
[3]
On
July 17, 2006, a letter was issued setting a timetable for the serving and
filing of all materials in support and in opposition to the Defendant’s Bill of
Costs. Since no further material regarding the assessment of costs was received
from either party within the prescribed timeframes, I have assessed the
Defendant’s Bill of Costs based on the documents on the record.
[4]
It
has long been my practice in all assessment proceedings that I take a position
of neutrality. An Assessment Officer may neither advocate for any one party,
nor allow assessable services and disbursements which fall outside of the Federal
Courts Rules and the associated tariffs. In addition, I must adhere to the
intent of any decision of the Federal Court or Federal Court of Appeal which
awards costs or gives directions to an assessment officer regarding specific
issues which may be considered.
[5]
The
Defendant’s Bill of Costs, which includes assessable services of $550.00 and
disbursements with applicable consumption taxes of $520.45 for a total of $1,070.45
appear reasonable, have been supported by the Affidavit of Monique Lefebvre
sworn August 5, 2004 and are allowed in their entirety.
[6]
The
Defendant’s Bill of Costs in T-1129-03 is assessed and allowed in the amount of
$1,070.45 which includes assessable services and disbursements with applicable
consumption taxes. A certificate is issued in this Federal Court proceeding for
$1,070.45 payable by the Plaintiff to the Defendant.
“Paul Robinson”
Paul G.C. Robinson
Assessment Officer
Toronto, Ontario
October 18, 2006
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1129-03
STYLE OF CAUSE: DR. NOEL AYANGMA
Plaintiff
and
HER
MAJESTY THE QUEEN
Defendant
ASSESSMENT OF COSTS IN WRITING WITHOUT
PERSONAL APPEARANCE OF THE PARTIES
ASSESSMENT OF COSTS -
REASONS BY: PAUL
G.C. ROBINSON, Assessment Officer
DATED: October
18, 2006
SOLICITORS OF RECORD:
John H. Sims, Q.C.
Deputy Attorney General of Canada
Halifax, Nova Scotia FOR
THE DEFENDANT
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