Date: 20020808
Docket: T-1933-01
Neutral citation: 2002 FCT 845
BETWEEN:
ROBERT A. RUMAN and MARIA J. RUMAN
Plaintiffs
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF CANADA
and
HER MAJESTY THE QUEEN IN THE RIGHT OF ALBERTA
(Alberta Social Housing Corporation/Capital Region Housing
Corporation)
and
EPCOR Utilities Inc. (Municipal Government)
Defendants
ASSESSMENT OF COSTS - REASONS
Charles E. Stinson
Assessment Officer
[1] The Plaintiffs, representing themselves, brought this action alleging terrorism against them through various levels of government. The Plaintiffs filed a notice of discontinuance which asserted the Federal Court of Canada lacked jurisdiction over two of the Defendants, a replacement action had been filed in the Court of Queen's Bench of Alberta as the court of competent jurisdiction, and that said notice of discontinuance applied only to Court File T-1933-01. I issued a timetable for written disposition of the bill of costs filed on behalf of the federal Crown pursuant to Rule 402.
[2] The Crown indicated that costs are sought to reflect the time and resources unnecessarily required by it and the Court to address this matter and to make the Plaintiffs aware that the institution of such frivolous proceedings carry consequences. The Plaintiffs argued that this matter was not discontinued, but rather its venue was changed to the correct jurisdiction for all Defendants. The Plaintiffs argued that costs for this matter should be bound up in the cause of another Federal Court file, T-1067-00, which is outstanding. The Plaintiffs argued that the Statement of Defence required little work and that their indigent situation should be taken into account.
Assessment
[3] Paragraph 4 of the Notice of Discontinuance states that the "Plaintiffs must make it absolutely and specifically clear that the only action being discontinued by the Notice of Discontinuance is File T 1933-01 [sic] and no other action that is filed with the Federal Court of Canada" (my emphasis). Rule 402 provides for assessed costs forthwith upon discontinuance, the payment of which may be enforced as if further to judgment. In the circumstances of this litigation, that precludes their consideration in the cause of Court file T-1067-00 or in any other court proceeding. The Crown has asked for the minimum costs prescribed by the Tariff. I have no jurisdiction to reduce them. The bill of costs of the Defendant, Her Majesty the Queen in the Right of Canada, is assessed and allowed as presented at $716.97.
(Sgd.) "Charles E. Stinson"
Assessment Officer
Vancouver, B.C.
August 8, 2002
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1933-01
STYLE OF CAUSE: ROBERT A. RUMAN et al.
Plaintiffs
- and -
HER MAJESTY THE QUEEN IN THE RIGHT OF
CANADA et al.
Defendants
ASSESSMENT IN WRITING WITHOUT PERSONAL APPEARANCE OF PARTIES
REASONS FOR ASSESSMENT OF COSTS: CHARLES E. STINSON
DATED: August 8, 2002
SOLICITORS OF RECORD:
Morris Rosenberg for the Defendant Her Majesty
Deputy Attorney General of Canada the Queen in the Right of Canada
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