[1] The Plaintiff brought an interlocutory motion and was awarded costs against the Defendant Chris Bradley payable forthwith and in any event of the cause. The Plaintiff filed its Bill of Costs. The Defendant did not respond to notice of the timetable issued for written disposition of this bill of costs. The Federal Court Rules, 1998 do not contemplate a litigant, having proper notice of an assessment of costs and choosing not to participate, as was the case here, benefiting by an assessment officer abdicating 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 the tariff. I examined each item claimed in the Plaintiff's Bill of Costs and the supporting materials within those parameters.
[2] The Plaintiff's Bill of Costs, presented at $665.97, is assessed and allowed at $665.97.
(Sgd.) "Charles E. Stinson"
Assessment Officer
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1594-00
STYLE OF CAUSE:
SOCIETY OF COMPOSERS, AUTHORS AND
MUSIC PUBLISHERS OF CANADA
Plaintiff
- and -
537047 B.C. LIMITED and CHRIS BRADLEY
Defendants
ASSESSMENT OF COSTS IN WRITING
WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS BY: CHARLES E. STINSON
DATED: September 7, 2001
SOLICITORS OF RECORD:
Boughton Peterson Yang Anderson for Plaintiff
Vancouver, B.C.
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