Fishing Lake First Nation v. Paley, 2005 FC 1716

Date: 20051219

Docket: 05-T-13

Citation: 2005 FC 1716

BETWEEN:

                                                 FISHING LAKE FIRST NATION

                                                                                                                                            Applicant

                                                                         - and -

                                                      DEBORAH CAROL PALEY

                                                                                                                                        Respondent

                                            ASSESSMENT OF COSTS - REASONS

Charles E. Stinson

Assessment Officer

[1]                An adjudicator under the Canada Labour Code upheld the unjust dismissal complaint by the Respondent against the Applicant. The Court dismissed, with costs, the Applicant's motion to extend the time to apply for judicial review. I issued a timetable for written disposition of the Respondent's bill of costs.

[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 an assessment officer stepping away from a position of neutrality 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 tariff. I examined each item claimed in the bill of costs and the supporting materials within those parameters. There were items for services of counsel which might have attracted disagreement, but the amount claimed in total in the bill of costs is generally arguable within the limits of the award of costs as reasonable in the circumstances of this litigation. The Respondent's bill of costs is assessed and allowed as presented at $1,343.10.

(Sgd.) "Charles E. Stinson"

       Assessment Officer

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          05-T-13

STYLE OF CAUSE:                          FISHING LAKE FIRST NATION

- and -

DEBORAH CAROL PALEY

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE

OF THE PARTIES

REASONS FOR ASSESSMENT OF COSTS:                     CHARLES E. STINSON

DATED:                                                                                   December 19, 2005

SOLICITORS OF RECORD:

Olive Waller Zinkhan and Waller                                                FOR APPLICANT

Regina, SK

MacDermid Lamarsh                                                                 FOR RESPONDENT

Saskatoon, SK