Date: 20040805
Docket: T-1227-00
Citation: 2004 FC 1077
BETWEEN:
ADRIAN JOHN WATSON
Plaintiff
- and -
HER MAJESTY THE QUEEN, AS REPRESENTED
BY THE ROYAL CANADIAN MOUNTED POLICE
Defendant
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] This action for damages further to a police pursuit was dismissed with costs. I issued a timetable for written disposition of the Defendant's bill of costs.
[2] The Plaintiff did not file any materials in response to the Defendant's materials. My view, often expressed in comparable circumstances, is that the Federal Court Rules, 1998 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, ie. 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. 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 Defendant's bill of costs is assessed and allowed as presented at $6,414.53.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
August 5, 2004
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1227-00
STYLE OF CAUSE: ADRIAN JOHN WATSON.
- and -
HER MAJESTY THE QUEEN, AS REPRESENTED BY THE ROYAL CANADIAN MOUNTED POLICE
ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL
APPEARANCE OF THE PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: August 05, 2004
SOLICITORS OF RECORD:
Boulton's Law Office for Plaintiff
Sundre, AB
Morris Rosenberg
Deputy Attorney General of Canada for Defendant
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